Opinion
August 14, 1995
Appeal from the Supreme Court, Orange County (Sherwood, J.).
Ordered that the judgment is modified by deleting the words "in the form and in the manner hereto annexed and marked Exhibit `B'" from the sixth decretal paragraph thereof; as so modified, the judgment is affirmed, with costs to the plaintiff.
Upon reviewing the record in its entirety, and giving due consideration to the relevant factors set forth in decisional law (see, Ben Zev v. Merman, 73 N.Y.2d 781; Knight v. McClean, 171 A.D.2d 648), we discern no basis for disturbing the Supreme Court's determination that the "time is of the essence" declaration by the defendant S B Realty of Orange County, Inc. (hereinafter S B Realty) failed to afford the plaintiff a reasonable time within which to close title to the real property in question (see, e.g., Klein v. Opert, 201 A.D.2d 705; Knight v. McClean, supra; Goldring v. Sletco Realty, 129 Misc.2d 756). Therefore, the defendants' refusal to close on a subsequent date constituted a breach of the contract and, under the circumstances presented, the plaintiff was entitled to specific performance.
However, the defendants correctly contend that the judgment may not compel individuals who are not parties to this action to finance a private mortgage for the plaintiff. Rather, the plaintiff is entitled only to require that S B Realty provide her with a mortgage in accordance with its obligations under the contract of sale. Thus, we have modified the judgment accordingly.
The defendants' remaining contentions lack support in the record and are without merit. Sullivan, J.P., O'Brien, Thompson and Santucci, JJ., concur.