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DOUBLE FORTUNE PROPERTY INVESTORS CORP. v. GORDON

55 A.D.3d 406 (2008)

866 N.Y.S.2d 111

DOUBLE FORTUNE PROPERTY INVESTORS CORP., on Behalf of 150 Lafayette Street Property Investment Co., LP, Respondent, v. MICHAEL R. GORDON, Appellant.

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

October 21, 2008.

The escrow agreement contained no definite term and therefore was terminable at will (Interweb, Inc. v iPayment, Inc., 12 A.D.3d 164 [2004], lv dismissed 4 N.Y.3d 776 [2005]). Defendant failed to identify any facts in plaintiff's exclusive possession that might have precluded summary judgment pursuant to CPLR 3212 (f). Given that plaintiff merely terminated an at-will contract, defendant...

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