New York Court of Appeals

Mario A. Pesa, Respondents v. Yoma Development Group, Inc., Appellant, Defendants

February 9, 201218 N.Y.3d 527

Summary

The Court of Appeals held that buyers seeking damages for a seller's repudiation of a real‑estate contract must prove they were ready, willing and able to close, and that the seller's transfer of the properties to an affiliate did not, by itself, constitute repudiation. Accordingly, the plaintiffs' summary‑judgment motion was denied and the lower court's judgment was affirmed.