Beth Equities v. Silgo Greenwich Associates

Appellate Division of the Supreme Court of New York

Beth Equities v. Silgo Greenwich Associates

223 A.D.2d 367, 636 N.Y.S.2d 309, 1996 N.Y. App. Div. LEXIS 91

Appellate Division of the Supreme Court of the State of New York·Decided January 9, 1996·Published·Cited by 2 cases

Opinion

Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about August 10, 1995, which granted defendant’s motion to dismiss the complaint and to vacate the notice of pendency, unanimously affirmed, with costs.

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 AD2d 152, 153). Concur—Murphy, P. J., Wallach, Kupferman, Ross and Williams, JJ.

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Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about August 10, 1995, which granted defendant’s motion to dismiss the complaint and to vacate the notice of pendency, unanimously affirmed, with costs.

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 AD2d 152, 153). Concur—Murphy, P. J., Wallach, Kupferman, Ross and Williams, JJ.

Beth Equities v. Silgo Greenwich Associates, 223 A.D.2d 367, 636 N.Y.S.2d 309, 1996 N.Y. App. Div. LEXIS 91 (N.Y. Ct. App. 1996).

Pincite

223 A.D.2d 367 (Beth Equities v. Silgo Greenwich Associates) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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