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JANG HO CHOI, plf-ap, v. BEAUTRI REALTY CORP., def-res

16581. JANG HO CHOI, plf-ap, v. BEAUTRI REALTY CORP., def-res — Cole Schotz P.C., New York (Nolan E. Shanahan of counsel), for ap — Vishnick McGovern Milizio, LLP, Lake Success (Jordan M. Freundlich of counsel), for res — Order, Supreme Court, New York County (Milton A. Tingling, J.), entered July 23, 2014, which granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (a)(5), unanimously affirmed, with costs.

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16581. JANG HO CHOI, plf-ap, v. BEAUTRI REALTY CORP., def-res — Cole Schotz P.C., New York (Nolan E. Shanahan of counsel), for ap — Vishnick McGovern Milizio, LLP, Lake Success (Jordan M. Freundlich of counsel), for res — Order, Supreme Court, New York County (Milton A. Tingling, J.), entered July 23, 2014, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (a)(5), unanimously affirmed, with costs.

The motion court erred in finding plaintiff’s claim barred by the provision of the parties’ agreements that required the closing of a real property sale within 90 days of defendant’s default or “from the date of the Contract.” A reasonable interpretation of the agreements is that they require closing within 90 days of the contracts of sale becoming effective, i.e., following plaintiff’s exercise of his option to purchase the property and the parties’ entering into a separate agreement to adjust the price.

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