Rosenblum v. Glogoff

Order, Supreme Court, New York County (Judith J. Gische, J.), entered June 1, 2011, which, insofar as appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the complaint and on their counterclaims for breach of contract and for forfeiture of plaintiffs’ $90,000 deposit, and directed that the judgment be satisfied from the money held on deposit, unanimously affirmed, without costs.

It is uncontraverted that plaintiffs failed to appear at the time-of-the-essence closing, rendering them in default (see Liba Estates v Edryn Corp., 178 AD2d 152 [1991]).…