Peartree Associates, LLC v. Naclerio

Order, Supreme Court, Bronx County (Joseph Giamboi, J.), entered on or about January 7, 2002, which, in an action for breach of an option agreement to purchase real property, upon conversion of defendant seller’s motion to dismiss to a motion for summary judgment, granted defendant seller summary judgment dismissing the complaint, unanimously affirmed, without costs.

The option agreement provided that the option had to be exercised in writing within six months, during which time *211plaintiff buyer was to pay defendant seller a nonrefundable $1,000 a month, and that plaintiff could extend the…