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CHAPPAQUA BLDG. CORP. v. RGF DEV. CORP.

173 A.D.2d 671 (1991)

Chappaqua Building Corp., Appellant, v. RGF Development Corp., Respondent

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

May 28, 1991

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the language of the subject contract, together with the parties' conduct, established that the initial closing date specified by the contract was not intended to be a "time of the essence" date. Accordingly, the defendant was entitled to a reasonable adjournment to complete performance of its obligations under the contract (see, 3M Holding Corp. v Wagner,

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