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CLEMENTS v. 201 WATER STREET LLC

5497, 650810/17.

157 A.D.3d 615 (2018)

70 N.Y.S.3d 4

2018 NY Slip Op 00471

JERRY E. CLEMENTS et al., Appellants, v. 201 WATER STREET LLC, Respondent.

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

Decided January 25, 2018.

Contrary to plaintiffs' conclusory allegations, the purchase agreement does not place sole and absolute discretion in defendant sponsor to set a closing date on plaintiffs' condominium unit. Rather, the agreement requires defendant to set a closing date either concurrently with or after the attainment of appropriate certificates of occupancy for the building or plaintiffs' unit, which was under construction when the parties entered...

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