Summary
finding 13 days reasonable
Summary of this case from 1111 Myrtle Ave. Grp. LLC v. Myrtle Prop. Holdings LLC (In re 1111 Myrtle Ave. Grp. LLC)Opinion
January 12, 1998
Appeal from the Supreme Court, Nassau County (DeMaro, J.).
Ordered that the order is affirmed, with costs.
The appellant and the respondent entered into 19 real estate contracts wherein time was made of the essence. The parties failed to close on 15 of the contracts as of the date set forth in the contract. By letter dated July 11, 1996, the respondent notified the appellant that if he did not close by July 24, 1996, he would be held in default.
The appellant's contention that the letter dated July 11, 1996, failed to make time of the essence is without merit. The letter constituted clear and unequivocal notification that time was to be of the essence with respect to the closing. Moreover, it is readily apparent that the appellant was given a reasonable time in which to fulfill his obligations under the contract and there was no reason for his delay (see, Palmiotto v. Mark, 145 A.D.2d 549). Accordingly, the Supreme Court properly found that the appellant was in default.
The appellant's remaining contention is without merit.
Bracken, J.P., Thompson, Krausman and Luciano, JJ., concur.