Ordered that the order is reversed, on the law, with costs, and the motion is granted.
There are no questions of fact to be determined at a trial. Time was not made of the essence by the designation that closing would take place "on or before" a stated date. Accordingly, the plaintiff's inability to close until a few days after that date should have been given favorable consideration by the defendant and the adjournment requested should have been granted by it instead of the defendant declaring a default by the plaintiff and refusing to proceed to closing (see, Tarlo v Robinson, 118 A.D.2d 561). Weinstein, J.P., Rubin, Kooper and Sullivan, JJ., concur.