Legal Opinion
Champion v. Blue Water Advisors, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 2011PublishedCited by 1 opinion
1Opinion of the Court
The motion court properly granted summary judgment to the plaintiff purchasers (see Giuffrida v Citibank Corp., 100 NY2d 72, 81 [2003]; Atlantic Dev. Group, LLC v 296 E. 149th St., LLC, 70 AD3d 528 [2010]). “When ‘time of the essence’ is expressly stated, the parties are obligated to strictly comply with the terms of the contract” (Milad v Marcisak, 307 AD2d 281, 282 [2003]). Plaintiffs demonstrated that they were prepared to close on June 9, 2009, and that the “time of the essence” date was set out in the parties’ agreement. This entitled plaintiffs to demand immediate performance. When the…
2Cases cited6 opinions
- Giuffrida v. Citibank Corp.New York Court of Appeals · 2003
- Grace v. NappaNew York Court of Appeals · 1979
- Atlantic Development Group, LLC v. 296 East 149th Street, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- 115-117 Nassau St., LLC v. Nassau Beekman, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Milad v. MarcisakAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by1 opinion
- Markham Gardens L.P. v. 511 9th LLCNew York Supreme Court · 2012