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JAVA ENTERPRISES, INC. v. LOEB, BLOCK & PARTNERS LLP

48 A.D.3d 383 (2008)

853 N.Y.S.2d 292

JAVA ENTERPRISES, INC., Respondent, v. LOEB, BLOCK & PARTNERS LLP, Defendant, and GIDEON GARTNER et al., Appellants.

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

Decided February 28, 2008.

Plaintiff demonstrated that the contractual conditions as to the state of the subject apartment were met on the date of the closing. Upon defendants' cancellation of the October 7, 2004 closing, plaintiff's counsel advised defendants that the apartment had been inspected and found to be broom clean and in good condition, as it had been on the date of the contract of sale. Defendants did not respond to plaintiff's request that they...

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