11-01 36 Avenue LLC v. Quamar

OPINION OF THE COURT

Martin E. Ritholtz, J.

As all lawyers specializing in real estate know, a “time-is-of-the-essence clause” is a contractual provision making timely performance a condition. In the case at bar, such a clause was not expressly included in the contract, but asserted in a letter. The current motion raises the interesting issues where such a clause may be asserted in a letter and whether such a letter was received and gave timely notice.

I. The Plaintiff’s Allegations

The plaintiff alleges that, on or about October 15, 2015, Michael Benz, the managing member of plaintiff 11-01 36…