JANG HO CHOI v. BEAUTRI REALTY CORP.

16581, 654484/13

135 A.D.3d 451 (2016)

22 N.Y.S.3d 431

2016 NY Slip Op 00053

JANG HO CHOI, Appellant, v. BEAUTRI REALTY CORP., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 7, 2016.


The motion court erred in finding plaintiff's claim barred by the provision of the parties' agreements that required the closing of a real property sale within 90 days of defendant's default or "from the date of the Contract." A reasonable interpretation of the agreements is that they require closing within 90 days of the contracts of sale becoming effective, i.e., following plaintiff's exercise of his option to purchase the property...

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