Supreme Court, Appellate Division First Department
SUPREME COURT, APPELLATE DIVISION FIRST DEPARTMENT MARCH 22, 2011 THE COURT ANNOUNCES THE FOLLOWING DECISIONS: Gonzalez, P.J., Friedman, Catterson, Renwick, Abdus-Salaam, JJ. 4268 William Champion, et al., Index 109708/09 Plaintiffs-Respondents, -against- Blue Water Advisors, Inc., etc., Defendant-Appellant, Giddins & Claman, LLP, etc., Defendant. _________________________ Rosabianca & Associates, P.L.L.C., New York (Jeremy Panzella of counsel), for appellant. Kagan Lubic Lepper Lewis Gold & Colbert, LLP, New York (J. David Morrissy of counsel), for respondents. _________________________ Judgment, Supreme Court, New York County (Doris Ling-Cohan, J.), entered April 28, 2010, awarding plaintiffs the total sum of $594,392.85 as against defendant Blue Water Advisors, Inc. a/k/a Blue Water Advisors LLC, upon an order of the same court and Justice, entered April 26, 2010, which granted plaintiffs’ motion for summary judgment and denied Blue Water’s cross motion for summary judgment on its counterclaims, unanimously affirmed, with costs. The motion court properly granted summary judgment to the plaintiff purchasers (see Giuffrida v Citibank Corp., 100 NY2d 72, 81 [2003]; Atlantic Dev. Group, LLC v 296 E. 149th St., LLC, 70 AD3d 528 [2010]). “When ‘time of the essence’ is expressly stated, the parties are obligated to strictly comply with the terms of the contract” (Milad v Marcisak, 307 AD2d 281, 282 [2003]). Plaintiffs demonstrated that they were prepared to close on June 9, 2009, and that the “time of the essence” date was set out in the parties’ agreement. This entitled plaintiffs to demand immediate performance. When the seller failed to appear at the closing on June 9, the purchasers were within their rights to declare the seller in default (see Grace v Nappa, 46 NY2d 560, 565-66 [1979]; 115-17 Nassau St., LLC v Nassau Beekman, LLC, 74 AD3d 537 [2010]).
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