EL-AD 250 WEST LLC v. 30 HUBERT STREET LLC

1479.

67 A.D.3d 520 (2009)

891 N.Y.S.2d 11

2009 NY Slip Op 08458

EL-AD 250 WEST LLC, Respondent, v. 30 HUBERT STREET LLC, Appellant.

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

Decided November 17, 2009.


Under the circumstances, defendant's notice to cure, delivered to plaintiff one day before the time-of-the-essence closing date, was insufficient to place plaintiff in actionable default under the purchase and sale agreement, which provided the purchaser with a remedy for default by the seller where "such default shall continue for ten (10) days after notice to Seller" (section 15.2). Defendant's subsequent failure to appear at the scheduled closing, at which plaintiff appeared...

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