130 THIRD ST. LOFT, LLC v. HKF, INC.

2016-07032. Index No. 501237/14.

164 A.D.3d 724 (2018)

79 N.Y.S.3d 549

2018 NY Slip Op 05810

130 Third Street Loft, LLC, Appellant, v. HKF, Inc., Respondent.

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

Decided August 22, 2018.


Ordered that the order is affirmed insofar as appealed from, with costs.

In a contract dated November 11, 2013, the defendant agreed to sell real property located in Brooklyn to a third-party purchaser. The contract included a time-of-the-essence-as-to-purchaser provision with a closing date not to extend beyond January 10, 2014. The parties subsequently agreed to extend the closing date to January 20, 2014. The third-party purchaser thereafter purportedly assigned...

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