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ASHKENAZI v. KENT SOUTH ASSOCIATES, LLC

51 A.D.3d 611 (2008)

857 N.Y.S.2d 693

ALEXANDER ASHKENAZI, Appellant, v. KENT SOUTH ASSOCIATES, LLC, Respondent.

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

Decided May 6, 2008.

Ordered that the order is affirmed, with costs.

The plaintiff's contention that a provision in an agreement requiring 30 days notice to close is an express condition precedent is misplaced. A condition precedent is an "`act or event, other than a lapse of time, which, unless the condition is excused, must occur before a duty to perform a promise in the agreement arises'" (Oppenheimer & Co. v Oppenheim, Appel, Dixon & Co., 86 N.Y.2d...

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