Lawrence v. Mountain

—Order unanimously reversed on the law with costs, motion denied and amended answer and counterclaim reinstated. Memorandum: Defendant agreed to *975purchase plaintiffs interest in two parcels of real property at Cuba Lake in Allegany County. The contract provided for a closing on or before August 21, 1995, but did not provide that time was of the essence. On August 20, 1995, plaintiff informed defendant that he had been unable to close on his contract to purchase a new home and that he could not deliver possession to defendant on August 21. On August 29, plaintiff tendered various closing…