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SECOND AVE. 1355 REALTY LLC v. 1355 SECOND OWNER LLC

650507/16. 7143A. 7143.

164 A.D.3d 1153 (2018)

84 N.Y.S.3d 121

2018 NY Slip Op 06191

Second Ave. 1355 Realty LLC, Appellant, v. 1355 Second Owner LLC et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 25, 2018.

Plaintiff alleges that defendant 1355 Second Owner LLC (the buyer) breached the agreement pursuant to which it would purchase from plaintiff a multi-use building in Manhattan. Plaintiff concedes that it failed to meet the condition precedent that it deliver the building "vacant, free of all residential tenancies and occupancies," which would relieve the buyer of its duty to close on the purchase (see Oppenheimer & Co. v Oppenheim, Appel, Dixon & Co.,

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