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115-117 NASSAU ST., LLC v. NASSAU BEEKMAN, LLC

3015, 600991/08.

74 A.D.3d 537 (2010)

903 N.Y.S.2d 25

115-117 NASSAU ST., LLC, et al., Respondents-Appellants, v. NASSAU BEEKMAN, LLC, et al., Appellants-Respondents.

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

Decided June 10, 2010.

Defendants defaulted under a real estate purchase and sale agreement when they failed to proceed with the closing, the time of which plaintiffs properly made "of the essence" after having consented to defendants' previous request for two adjournments of the closing (see Friedman v O'Brien, 287 A.D.2d 311 [2001]). Plaintiffs acted within their rights by refusing to consent to an additional adjournment, and once the closing was...

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