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2BSURREY, LLC v. 20 EAST 76TH STREET OWNER LLC

16324, 652226/14.

134 A.D.3d 460 (2015)

19 N.Y.S.3d 882

2015 NY Slip Op 08955

2BSURREY, LLC, Respondent, v. 20 EAST 76TH STREET OWNER LLC et al., Appellants.

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

Decided December 8, 2015.

The motion court properly denied the motion to dismiss. At issue is plaintiff's proposed $10 million purchase of an interest in a ground lease relating to the Surrey Hotel in New York City. The complaint alleges that the parties, by their course of conduct, waived any writing requirement at least three times: by adjourning the closing date without a writing prior to the original agreement's January 31, 2014 expiration; by allowing...

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