O'CONNELL v. CLEAR HOLDING COMPANY

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.