Ordered that the order is affirmed, with costs.
The plaintiff acknowledged in his affidavit in opposition to the defendant's cross motion for summary judgment that "[t]he parties ultimately agreed to a date of October 10, 2002, at 5:00 P.M. for a closing for a transfer of the premises, [with] time of the essence." On that date the plaintiff was not ready, willing, and able to proceed with the closing in accordance with the terms of the contract of sale.
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