Dub v. 47 East 74th Street Corp.

—Order, Supreme Court, New York County (Peter Tom, J.) entered April 23, 1993, which, inter alia, granted plaintiff’s cross motion for summary judgment directing return of a contract deposit, unanimously affirmed, without costs.

The IAS Court correctly held that defendant seller, who created law day by sending plaintiff buyer a "time of the essence” letter, was required to tender performance of his obligations on law day (Grace v Nappa, 46 NY2d 560, 565), including that the premises be transferred free and clear of all violations of law or municipal ordinances and also that Division of Housing…