Klein v. Opert

In Klein v. Opert, 218 App. Div. 2d 784 (2d Dep't 1995), the buyers of real property sent the sellers a time of the essence letter fixing a closing date one month later with knowledge that the sellers had yet to obtain certain permits and certificates necessary for closing and knowledge that they could not be obtained by the closing date. As a result, the Court found that the time of the essence letter was defective for failure to provide the seller with a reasonable time to close. (Id. at 785-86.)