Ordered that the order is reversed, on the law, with costs, and the motion is denied.
On September 18, 2000, the parties entered into a contract for the sale of real property, which fixed a closing date of October 17, 2000. The contract provided, inter alia, that the plaintiff could elect to take title subject to any defects or objections to title. The original closing date was adjourned to November 15, 2000, after the defendant declared that time was of the essence...
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