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TRI STATE CONSTRUCTION, LLC v. VAIJ REALTY ASSOCIATES

45 A.D.3d 328 (2007)

844 N.Y.S.2d 700

TRI STATE CONSTRUCTION, LLC, Appellant, v. VAIJ REALTY ASSOCIATES, Respondent.

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

Decided November 8, 2007.

The amendment to the contract that plaintiff buyer argues was intended to extinguish the time of the essence clause invoked by defendant does not expressly revoke such clause, and was properly construed by the motion court in a manner that was consistent with such clause (see V.C. Vitanza Sons v New York City Hous. Auth., 7 A.D.3d 398 [2004]). We have considered plaintiff's other arguments...

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