Opinion
May 28, 1991
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court that the language of the subject contract, together with the parties' conduct, established that the initial closing date specified by the contract was not intended to be a "time of the essence" date. Accordingly, the defendant was entitled to a reasonable adjournment to complete performance of its obligations under the contract (see, 3M Holding Corp. v Wagner, 166 A.D.2d 580; 4200 Ave. K Realty Corp. v 4200 Realty Co., 123 A.D.2d 419). The plaintiff's refusal to grant a reasonable adjournment thus constituted a wrongful repudiation of the contract, which bars the plaintiff from recovery of its down payment (see, Leading Bldg. Corp. v Segrete, 60 A.D.2d 907). Thompson, J.P., Eiber, Miller and Ritter, JJ., concur.