IHG HARLEM I, LLC v. 406 MANHATTAN LLC

161863/15. Appeal No. 14726. Case No. 2020-04733.

200 A.D.3d 417 (2021)

154 N.Y.S.3d 773

2021 NY Slip Op 06761

IHG HARLEM I, LLC, Respondent, v. 406 Manhattan LLC et al., Appellants.

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

Decided December 2, 2021.


Attorney(s) appearing for the Case

Lester Korinman Kamran & Masini, PC, Garden City ( Gabriel R. Korinman of counsel), for appellants.

Law Offices of Jacob S. Feinzeig, Brooklyn ( Jacob S. Feinzeig of counsel), for respondent.

Concur—Webber, J.P., Friedman, Oing, Shulman, Pitt, JJ.


Defendants, as sellers, and plaintiff, as purchaser, entered into three largely identical contracts of sale of property that required defendants, as sellers, to obtain assignments of the mortgages on the properties. Defendants had not obtained the assignments when they issued a time of the essence letter or by the time they set for the closing. Having thus breached the contracts, defendants were not in a position to place plaintiff...

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