RODRIGUES NBA, LLC v. ALLIED XV, LLC

2017-05404. Index No. 708202/16.

164 A.D.3d 1388 (2018)

83 N.Y.S.3d 650

2018 NY Slip Op 06129

Rodrigues NBA, LLC, Appellant, v. Allied XV, LLC, Respondent.

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

Decided September 19, 2018.


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

The plaintiff (hereinafter the seller) and the defendant (hereinafter the buyer) entered into a contract for the sale of certain real property located in Queens. Pursuant to the contract of sale, the buyer made a down payment in the total sum of $375,000.

Although the contract of sale specified a date for the closing, the parties agreed to adjourn the closing to a later date. Eventually...

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