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OKOYE v. DeVERE GROUP LTD.

8379. 656270/16.

169 A.D.3d 490 (2019)

92 N.Y.S.3d 625

2019 NY Slip Op 01132

Philippa Okoye, Formerly Known as Philippa Jayne Burke, Appellant, v. deVere Group Ltd., Defendant, and deVere USA, Inc., et al., Respondents.

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

Decided February 14, 2019.

Defendants admit that they did not successfully tender the payment they owed plaintiff until at least 51 days after the deadline to which they had agreed in the parties' settlement agreement. This admitted failure to make timely payment under a settlement agreement fulfills the elements of a cause of action for breach of contract (see Kimso Apts., LLC v Gandhi, 129 A.D.3d 670, 672 [2d Dept 2015], lv denied

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