OpCo, INC. v. LEVE


191 A.D.2d 1025 (1993)

595 N.Y.S.2d 585

OpCo, Inc., et al., Appellants, v. Judson L. Leve et al., Respondents. (Appeal No. 2.)

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

March 12, 1993


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted defendants' motion for summary judgment dismissing plaintiffs' action for breach of contract. Defendants provided proof that they had not breached the contract. Because no closing date was ever scheduled, defendants' obligation to provide estoppel certificates never ripened. Further, defendants demonstrated that the tenant was not in default of the terms of its lease until after...

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