11-01 36 AVE. LLC v. QUAMAR

704864/2016.

54 Misc.3d 622 (2016)

2016 NY Slip Op 26388

41 N.Y.S.3d 684

11-01 36 AVENUE LLC, Plaintiff, v. SHEHZAD QUAMAR, Also Known as QUAMAR SHEHZAD, et al., Defendants.

Supreme Court, Queens County.

Decided November 28, 2016.


Attorney(s) appearing for the Case

Rosenberg Fortuna & Laitman, LLP, Garden City ( John Anthony Fortuna and Joseph P. Sacco of counsel), for defendants.

Michael P. Berkley, P.C., Garden City ( Michael P. Berkley and Sherry H. Lin of counsel), for plaintiff.


OPINION OF THE COURT

As all lawyers specializing in real estate know, a "time-is-of-the-essence clause" is a contractual provision making timely performance a condition. In the case at bar, such a clause was not expressly included in the contract, but asserted in a letter. The current motion raises the interesting...

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