Day One Express Corp. v. Gracepat Corp.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about February 20, 2008, which granted defendant’s motion for summary judgment dismissing the complaint and cancelling the lis pendens, unanimously affirmed, without costs.

*367More than a year after the parties had entered into a contract for the sale of property, plaintiff, by letter of its counsel dated September 7, 2005, offered “to forgo the expenses listed on the attached statement” if the down payment was returned within five business days. Defendant returned the down payment by letter of its counsel dated September 12,…