480 ASSOCIATES, INC. v. S.A. II, LLC


21 A.D.3d 814 (2005)

801 N.Y.S.2d 30

480 ASSOCIATES, INC., Respondent, v. S.A. II, LLC, Appellant.

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

September 20, 2005.


Although plaintiff real estate contract vendee was unprepared to close on the first scheduled closing date, time was not made of the essence in connection with that closing date and plaintiff subsequently indicated, and has shown, that it was ready, willing and able to close within the period specified in the contract and otherwise in accordance with the contract terms and that defendant was able to convey the property. Accordingly, it has demonstrated its entitlement to...

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