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BRADENTON REALTY CORP. v. UNITED ARTISTS PROPERTIES I CORP.

264 A.D.2d 405 (1999)

694 N.Y.S.2d 122

BRADENTON REALTY CORP., Appellant-Respondent, v. UNITED ARTISTS PROPERTIES I CORP., Respondent-Appellant, UNITED ARTISTS THEATRE CIRCUIT, INC., Respondent, et al., Defendant.

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

Decided August 9, 1999.

Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court that the defendant United Artists Properties I Corp. (hereinafter UA) was not required to proceed to closing since an express condition precedent in the contract regarding a mortgage release was not satisfied (see, Oppenheimer & Co. v Oppenheim, Appel, Dixon & Co., 86 N.Y.2d 685; Marcantonio v Rousso,

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