Plaintiff alleges that defendant 1355 Second Owner LLC (the buyer) breached the agreement pursuant to which it would purchase from plaintiff a multi-use building in Manhattan. Plaintiff concedes that it failed to meet the condition precedent that it deliver the building "vacant, free of all residential tenancies and occupancies," which would relieve the buyer of its duty to close on the purchase (see Oppenheimer & Co. v Oppenheim, Appel, Dixon & Co.,
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SECOND AVE. 1355 REALTY LLC v. 1355 SECOND OWNER LLC
650507/16. 7143A. 7143.
164 A.D.3d 1153 (2018)
84 N.Y.S.3d 121
2018 NY Slip Op 06191
Second Ave. 1355 Realty LLC, Appellant, v. 1355 Second Owner LLC et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided September 25, 2018.
Decided September 25, 2018.
Appellate Division of the Supreme Court of New York, First Department.
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