TISOPED CORP. v. THOR 138 N 6TH ST LLC

655731/16.

180 A.D.3d 587 (2020)

121 N.Y.S.3d 226

2020 NY Slip Op 01287

Tisoped Corp., Appellant, v. Thor 138 N 6th St LLC, Respondent.

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

Decided February 25, 2020.


The motion court properly determined that under the parties' assignment of the contract of sale, plaintiff was entitled to the release of the balance of the consideration upon the closing of the underlying contract, or upon defendant's breach of the underlying contract, and here, neither occurred. Contrary to plaintiff's contention, there was no manifest intention to make the underlying contract "time of the essence" (ADC Orange, Inc. v Coyote Acres, Inc., ...

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