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  5. 114 A.D.2d 948 (1985)
 

76 NORTH ASSOCS. v. THEIL MGMT. CORP.

114 A.D.2d 948 (1985)

76 North Associates, Respondent v. Theil Management Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 18, 1985

Order affirmed, with costs.

An examination of the affidavits submitted in support and in opposition to defendant's motion indicates that triable issues of fact have been raised.

The parties entered into a contract for the sale of certain real estate in Hicksville, New York. The closing date was specified as on or about June 28, 1984. The contract did not state that time was of the essence. On June 25, 1984, plaintiff's

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