TOWN HOUSE STOCK LLC v. COBY HOUSING CORP.


49 A.D.3d 456 (2008)

855 N.Y.S.2d 55

TOWN HOUSE STOCK LLC et al., Respondents, v. COBY HOUSING CORP. et al., Appellants, et al., Defendants.

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

Decided March 27, 2008.


Plaintiffs sustained their burden of establishing that they were entitled to judgment as a matter of law in this action involving the breach of a 2006 settlement agreement arising out of two interrelated real estate contracts with time of the essence clauses. The record evidence established that plaintiffs duly tendered the signed and notarized deed and other closing documents, while defendants-appellants failed to tender the requisite $95 million for the Florida property...

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