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MATTER OF SCHLEIFER v. YELLEN

9752, 3599/10A.

173 A.D.3d 624 (2019)

104 N.Y.S.3d 627

2019 NY Slip Op 05202

In the Matter of Natalie Schleifer et al., Respondents, v. Richard L. Yellen et al., Respondents, and 338-342 East 110 LLC et al., Appellants.

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

Decided June 27, 2019.

The Surrogate correctly concluded that, under the terms of the settlement agreement, the Marx Group's obligation to make the Fourth Payment by March 28, 2015, preceded petitioners' obligation to deliver a quitclaim deed (see Oppenheimer & Co. v Oppenheim, Appel, Dixon & Co., 86 N.Y.2d 685, 690-691 [1995]). Although it is undisputed that the Marx Group required the deed in order to make the payment, petitioners did not breach...

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