The Supreme Court, Suffolk County (Hon. Peter H. Mayer) has granted a seller summary judgment on a downpayment and specific performance dispute in Friedman v. Kriss, Index No. 13-9326.  The action involved competing claims by the sellers and buyers:  the sellers claimed that the buyers breached the contract by failing to make a required installment payment, and the buyers claimed that the sellers breached by failing to deliver an updated “certificate of occupancy” a year prior to the scheduled closing.  The court agreed with the sellers and found that the buyer’s duty to make the installment payment was “time of the essence,” whereas any requirement of the sellers to deliver a certificate of occupancy was not.  The sellers were therefore awarded summary judgment on their claim to retain the downpayment, and the buyers’ claim for specific performance was dismissed.  EHA represented the sellers in the action.