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BELLAMY v. ESTATE OF EFROS

209 A.D.2d 182 (1994)

618 N.Y.S.2d 274

Rosa C. Bellamy, Appellant, v. Estate of Ray Efros, Deceased, et al., Respondents

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

November 3, 1994

The IAS Court properly concluded that defendants were entitled to the contract deposit as liquidated damages following plaintiffs default in failing to attend on the final closing date. Although the contract did not specifically make time of the essence, defendants' counsel subsequently made it clear in his correspondence that time was of the essence (see, Liba Estates v Edryn Corp., 178 A.D.2d 152). The November 12, 1992...

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