¶1We agree with the Supreme Court, Dutchess County, that there are questions of fact presented in this case as to whether time was made of the essence by the parties and whether paragraphs 25 and 27 of the rider to the contract bear on these issues. Accordingly, summary judgment was properly denied (CPLR 3212 [b]). Thompson, J. P., Brown, Weinstein and Harwood, JJ., concur.
140 A.D.2d 662
Clark v. Golden
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 1988
Appellate Division of the Supreme Court of the State of New York · decided 1988-05-31
Decided 1988-05-31