Summary
finding five days unreasonable
Summary of this case from 1111 Myrtle Ave. Grp. LLC v. Myrtle Prop. Holdings LLC (In re 1111 Myrtle Ave. Grp. LLC)Opinion
October 17, 1988
Appeal from the Supreme Court, Queens County (Joy, J.).
Ordered that the judgment is reversed insofar as appealed from, on the facts, with costs to the plaintiff, the plaintiff is granted specific performance of the contract for the sale of real property and the defendants' counterclaim for breach of contract is dismissed.
We find that under the circumstances of this case the Supreme Court erred in not granting the plaintiff buyer specific performance of the contract to convey real property. We note that the contract did not make time of the essence and find that the defendants' letters of February 14, 1985 (a Thursday) which set a closing date of February 19, 1985 (the following Tuesday) failed to provide reasonable notice to the plaintiff so as to convert the agreement into one where time was of the essence. The record reveals that the plaintiff was ready, willing and able to perform her obligations under the contract on March 6th and accordingly should have been granted specific performance (see, Mazzaferro v Kings Park Butcher Shop, 121 A.D.2d 434, 435-436).
We find no evidence in the record to support a determination that the plaintiff ever breached the contract of sale. Thompson, J.P., Brown, Rubin and Eiber, JJ., concur.