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PEREZ-GURRI v. STEFFEN

Index No. 157796/19. Appeal No. 12627-12628. Case Nos. 2020-03039, 2020-02977.

189 A.D.3d 559 (2020)

138 N.Y.S.3d 17

2020 NY Slip Op 07513

Logan Perez-Gurri, Appellant-Respondent, v. Craig Steffen, Respondent-Appellant, et al., Defendant.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Schwartz Sladkus Reich Greenberg Atlas LLP, New York ( Michael E. Fleiss of counsel), for appellant-respondent.

Kishner Miller Himes, P.C., New York ( Elizabeth Tobio of counsel), for respondent-appellant.

Concur—Renwick, J.P., Gische, González, Scarpulla, Mendez, JJ.

The plain language of the parties' sale contract evidenced their intent to have an outside closing date of July 15, 2019 and to allow the parties to cancel the contract after that time (see W.W.W. Assoc. v Giancontieri, 77 N.Y.2d 157, 162-163 [1990]). The parties agreed that the contract would close no later than 60 days following the original "on or about" May 15, 2019 closing date (by...

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