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BROCK WYLAN, Respondent, v. RAFFAELE MARTINI PANDOZY, Also Known as RAFFAELE MARTINI, Appellant, and LAFAYETTE STUDIOS CORP., Respondent.

The court properly determined that plaintiff demonstrated prima facie entitlement to specific performance. In particular, the unconditional approval of the board of the cooperative corporation for the sale of the apartment was established by documentary evidence, including the minutes of a meeting of the board, and defendant-appellant failed to establish the existence of material issues of fact requiring a trial ( see Zuckerman v. City of New York, 49 NY2d 557, 562).

We have considered defendant-appellant's remaining arguments and find them to be without merit.

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WYLAN v. PANDOZY
(Oct 20, 2005)