The parties' agreement provided for defendant purchaser 45 John Mezzanine, LLC to make an "Additional In Kind Payment Following Closing" to plaintiff seller of either two condominium units or cash. The agreement stated that the parties "shall" enter into contracts of sale for the purchase of the condominium units by a certain date. Although similar mandatory language requiring the execution of further agreements, coupled with a deadline, has been held to constitute a condition...
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