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AHMAD ALAVIAN plf-res, v. TED ZANE, def-ap, ARNOLD ROSS, def

8785. AHMAD ALAVIAN plf-res, v. TED ZANE, def-ap, ARNOLD ROSS, def — Ateshoglou & Aiello, P.C., New York (Steven D. Ateshoglou of counsel), for ap — Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for res — Order, Supreme Court, New York County (Milton A. Tingling, J.), entered March 5, 2012, which, insofar as appealed, denied defendant Ted Zane's cross-motion for summary judgment dismissing the complaint against him, unanimously reversed, on the law, without costs, the cross-motion granted, and the complaint dismissed as against Zane.

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8785. AHMAD ALAVIAN plf-res, v. TED ZANE, def-ap, ARNOLD ROSS, def — Ateshoglou & Aiello, P.C., New York (Steven D. Ateshoglou of counsel), for ap — Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for res — Order, Supreme Court, New York County (Milton A. Tingling, J.), entered March 5, 2012, which, insofar as appealed, denied defendant Ted Zane’s cross-motion for summary judgment dismissing the complaint against him, unanimously reversed, on the law, without costs, the cross-motion granted, and the complaint dismissed as against Zane.

Plaintiffs assert that, for a period of over four years, defendants deliberately interfered with the closing of executed contracts of sale of two cooperative apartments. It is undisputed, however, that the contracts satisfactorily closed in August 2011. Delay, even “substantial delay,” in the closing of a real estate transaction does not constitute breach of the contract of sale (Ulysses I & Co. v. Feldstein, 75 AD3d 990, 992 [3d Dept], lv dismissed in part, denied in part, 15 NY3d 944 [2010]). Accordingly, since there was no “actual breach” of the contracts of sale, plaintiffs may not maintain a claim for tortious interference with contract against Zane (see NBT Bancorp Inc. v. Fleet/Norstar Fin. Group, Inc., 87 NY2d 614, 620-21 [1996]; Ulysses, 75 AD3d at 991-92).

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