The motion was properly denied on the ground that defendant tenant's remaining performance obligations under the stipulation to soundproof portions of his apartment were expressly conditioned on an event that did not occur, namely, defendant cooperative's "rapid agreement" to other work he wanted to do in his apartment, and implicitly conditioned on plaintiffs' acceptance of defendant tenant's soundproofing plans, which was never given (see Oppenheimer & Co. v Oppenheim...
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