Nemon Corp. v. 45-51 Avenue B, LLC
Opinion of the Court
Order, Supreme Court, New York County (Eileen A. Rakower, J), entered June 12, 2012, which, insofar as appealed from, granted defendant’s motion for summary judgment dismissing the complaint, directed that the notice of pendency filed by plaintiff in this action be cancelled, and directed that a $150,000 escrowed contract deposit be released to defendant, unanimously affirmed, with costs.
Plaintiff has failed to preserve its argument that the parties orally agreed to adjourn the November 11, 2011, time-is-of-the-
Moreover, contrary to plaintiffs contention, defendant sufficiently established that it was “ready and able to perform its own contractual undertakings on the closing date” (Huntington Min. Holdings v Cottontail Plaza, 60 NY2d 997, 998 [1983]). Concur—Tom, J.P., Andrias, Freedman, Román and Gische, JJ. [Prior Case History: 2012 NY Slip Op 31542(U).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.