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Scott Randolph LLC v. Gholis of Brooklyn Corp.

Buyer Fails to Establish Entitlement to Summary Judgment in Contract Breach Suit

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The following papers numbered 1 to 7 read herein:Papers NumberedNotice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations) Annexed              1-3Opposing Affidavits (Affirmations)     4, 5Reply Affidavits (Affirmations)            6, 7DECISION AND ORDER

*1  Plaintiff, SCOTT RANDOLPH LLC, moves for an Order pursuant to CPLR 3212 granting it summary judgment against Defendant GHOLIS of BROOKLYN CORP (“Gholis”) on its claim for breach of contract and dismissing Gholis’s first, second and third counterclaims against it. Both Gholis and co-Defendants BUSHWACK 5 LLC and BUSHWACK 10 LLC (collectively referred to as the “Bushwacks”) oppose.Plaintiff brings this action for specific performance and breach of contract against Defendants stemming from a real estate contract entered into by Plaintiff and Gholis on July 31, 2014 (“Contract”) for the purchase of real property located at 99 Scott Avenue in Brooklyn, New York (“Property”) for $8,325,000.00. It is undisputed that, on August 1, 2014, Plaintiff, as purchaser, deposited the sum of $832,500.00, ten percent of the purchase price, with Gholis’s counsel to be held in escrow.

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