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NEMON CORP. v. 45-51 AVE. B, LLC

8949, 114058/11.

2013 NY Slip Op 00037

NEMON CORP., Plaintiff-Appellant, v. 45-51 AVENUE B, LLC, Defendant-Respondent.

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

Decided January 8, 2013.

Attorney(s) appearing for the Case

Goldberg Weprin Finkel Goldstein LLP, New York ( Kevin J. Nash of counsel), for appellant.

Kagen Law Firm, New York ( Stuart Kagen of counsel), for respondent.

Before: Tom, J.P., Andrias, Freedman, Román, Gische, JJ.

Plaintiff has failed to preserve its argument that the parties orally agreed to adjourn the November 11, 2011, time-is-of-the-essence closing date for sale of the subject property (see e.g. Credit Suisse First Boston v Utrecht-America Fin. Co., 80 A.D.3d 485, 488 [1st Dept 2011]). In any event, there is no written or other unequivocal evidence that the parties actually reached an agreement to adjourn the closing, in variance...

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