GCP Capital Group LLC v. Monday Properties Investments, LLC

*555Plaintiff failed to sustain its burden of showing that the condition precedent in the parties’ letter agreement was prevented or rendered impossible by defendants in order to avoid liability to plaintiff (see Creighton v Milbauer, 191 AD2d 162, 165 [1993]; cf. North40RE Realty v Bishop, 2 AD3d 1184 [2003]). On the contrary, the record presented no issue of fact as to whether defendants acted in bad faith to frustrate the parties’ agreement. Further, the record presents no issue of fact as to whether defendants frustrated plaintiffs efforts to consummate a transaction. Rather, the record shows…