Tri State Constr., LLC v Vaij Realty Assoc.

Tri State Constr., LLC v Vaij Realty Assoc. 2007 NY Slip Op 08388 [45 AD3d 328] November 8, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

Tri State Construction, LLC, Appellant,
v
Vaij Realty Associates, Respondent.

—[*1] John DeMaio, New York City, for appellant.

Law Offices of Jeffrey S. Dweck, P.C., New York City (Jeffrey S. Dweck of counsel), for respondent.

Order, Supreme Court, New York County (Rolando T. Acosta, J.), entered August 17, 2006, which, in an action for specific performance, granted defendant seller's motion to dismiss the complaint, unanimously affirmed, with costs.

The amendment to the contract that plaintiff buyer argues was intended to extinguish the time of the essence clause invoked by defendant does not expressly revoke such clause, and was properly construed by the motion court in a manner that was consistent with such clause (see V.C. Vitanza Sons v New York City Hous. Auth., 7 AD3d 398 [2004]). We have considered plaintiff's other arguments and find them unavailing. Concur—Andrias, J.P., Saxe, Nardelli, McGuire and Malone, JJ.