Ordered that the order is affirmed, with costs.
On August 1, 2007 the parties entered into a stipulation of settlement on the record. The settlement provided, inter alia, that a closing on the sale of the subject property was to occur on or before December 3, 2007. Thereafter, the parties agreed to adjourn the closing date to January 9, 2008, with time being of the essence. However, the plaintiff failed to close on January 9, 2008. Thus, the defendant was entitled...
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