El-Ad 250 West LLC v. 30 Hubert Street LLC

Judgment, Supreme Court, New York County (Charles E. *521Ramos, J.), entered February 26, 2009, declaring that defendant is in default under the parties’ purchase and sale agreement and that plaintiff properly terminated the agreement and is entitled to receive the escrowed deposit, and dismissing defendant’s first counterclaim, unanimously affirmed, with costs.

Under the circumstances, defendant’s notice to cure, delivered to plaintiff one day before the time-of-the-essence closing date, was insufficient to place plaintiff in actionable default under the purchase and sale agreement, which…