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GREEN REALTY MGMT. CORP. v. VISIONS REALTY, INC.

245 A.D.2d 147 (1997)

665 N.Y.S.2d 885

Green Realty Management Corp., Appellant, v. Visions Realty, Inc., Respondent, et al., Defendant

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

December 16, 1997

While we find that defendant seller was not justified in entering a new contract, and that defendant thereafter waived the time of the essence closing dates it had set (see, Stefanelli v Vitale, 223 A.D.2d 361), issues of fact precluding summary judgment still remain, including which party breached the contract, and the meaning of the tax provision contained therein. Defendant's claim that plaintiff was not ready, willing...

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