Opinion
October 13, 1998
Appeal from the Supreme Court, New York County (Paula Omansky, J.).
No issues of fact exist as to either the specificity and reasonableness of the sellers' notice rescheduling the closing and imposing a condition that time be of the essence ( Ben Zev v. Merman, 73 N.Y.2d 781), or the adequacy of their tender. The buyers' other contentions are improperly raised for the first time on appeal, and, in any event, are unavailing.
Concur — Milonas. J.P., Rosenberger, Wallach, Tom and Mazzarelli, JJ.