We agree with the IAS Court that the parties' conflicting affidavits raised issues of fact, including the seller's willingness and the buyer's ability to close after March 16, 1992, the date after which the seller could withdraw if the closing had not yet occurred through no fault of its own but which was not fixed as a closing date, the degree to which the seller sought to impose additional terms after the agreement was executed, and the degree to which the parties cooperated...
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