LESLIE WESTREICH plfap, v. GEORGE G. BOSLER def-res

10137. LESLIE WESTREICH plfap, v. GEORGE G. BOSLER def-res — Law Office of Mark R. Kook, New York (Mark R. Kook of counsel), for ap — Jan Levien, P.C., New York (Jan Levien of counsel), for res — Order, Supreme Court, New York County (Jane S. Solomon, J.), entered July 28, 2011, which denied plaintiffs’ motion for summary judgment and, upon searching the record, granted summary judgment to defendants dismissing the complaint, unanimously affirmed, with costs.

The February 11, 2009 letter from defendant Levien to plaintiffs’ counsel was sufficient to make the closing on the sale of defendant Bosler’s apartment to plaintiffs time of the essence. Regardless of whether the notice to plaintiffs was reasonable, plaintiffs did not voice their objections prior to the closing date, and thus acquiesced, as a matter of law, in the reasonableness of the closing date (see Zev v. Merman, 134 AD2d 555, 558 [2d Dept 1987], affd 73 NY2d 781 [1988]). Plaintiff Leslie Westreich owns hundreds of apartments and was represented by counsel, yet inexplicably failed to respond to the February 11 notice (see id.).