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ABYSSINIAN DEV. CORP. v. BISTRICER

115576/08, 14824, 14823

133 A.D.3d 435 (2015)

18 N.Y.S.3d 847

2015 NY Slip Op 08083

ABYSSINIAN DEVELOPMENT CORPORATION et al., Respondents-Appellants, v. DAVID BISTRICER et al., Appellants-Respondents.

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

Decided November 10, 2015.

The trial court's factual findings are based on a fair interpretation of the evidence, and its legal conclusions are correct. Neither delivery of the letter of intent nor the closing of the contract to purchase Starrett City was a condition precedent to the enforceability of the parties' obligations under section 18 of the letter of intent (see Schuler-Haas Elec. Co. v Aetna Cas. & Sur. Co., 40 N.Y.2d 883 [1976]). Execution of...

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