ISLAM v. DESTEFANO

2017-05021, 2017-05053, Index No. 863/10.

176 A.D.3d 1189 (2019)

111 N.Y.S.3d 328

2019 NY Slip Op 07772

Mohammad Islam, Respondent, v. Christopher Destefano, Appellant.

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

Decided October 30, 2019.


Attorney(s) appearing for the Case

Edward Harold King, PLLC, Brooklyn, NY, for appellant.

Domenick Napolitano , Brooklyn, NY, for respondent.

Balkin, J.P., Cohen, Miller and LaSalle, JJ., concur.


Ordered that the orders are affirmed, with one bill of costs.

The plaintiff, as purchaser, and the defendant, as seller, entered into a contract for the sale of real property. The contract provided that the closing would take place on April 17, 2000, "or, upon reasonable notice (by telephone or otherwise) by Purchaser," but time was not made of the essence. The closing never occurred. The plaintiff subsequently commenced this action, inter alia, for specific performance...

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