WESTREICH v. BOSLER

10137, 102906/09.

106 A.D.3d 569 (2013)

965 N.Y.S.2d 467

2013 NY Slip Op 3604

LESLIE WESTREICH et al., Appellants, v. GEORGE G. BOSLER et al., Respondents.

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

Decided May 21, 2013.


The February 11, 2009 letter from defendant Levien to plaintiffs' counsel was sufficient to make the closing on the sale of defendant Bosler's apartment to plaintiffs time of the essence. Regardless of whether the notice to plaintiffs was reasonable, plaintiffs did not voice their objections prior to the closing date, and thus acquiesced, as a matter of law, in the reasonableness of the closing date (see Zev v Merman, 134 A.D.2d 555

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