Summary
In Beth Equities, the seller made clear from the beginning that closing had to occur by a date certain because of a related Federal Deposit Insurance Corporation sale. The contract gave some flexibility as to the law date — which would be selected at the seller's option — but did specify the outer time limits.
Summary of this case from Miller v. AlmquistOpinion
January 9, 1996
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
Based on the documentary evidence submitted to the motion court, it is clear that plaintiff was not prevented from closing on the scheduled "time of the essence" date due to renovations in the building by the ground floor tenant or reluctance of the lender, such conditions not being made part of the contract. Nor did the contract have any financing contingency clause which might have excused plaintiff's failure to perform. We also find that the defendant conclusively established, by documentary evidence, that a "time of the essence" closing had been set for May 26, 1995 ( see, Liba Estates v Edryn Corp., 178 A.D.2d 152, 153).
Concur — Murphy, P.J., Wallach, Kupferman, Ross and Williams, JJ.