| Woody's Lbr. Co., Inc. v Jayram Realty Corp. |
| 2007 NY Slip Op 10142 [46 AD3d 804] |
| December 18, 2007 |
| Appellate Division, Second Department |
| Woody's Lumber Co., Inc., Respondent, v Jayram RealtyCorp., Appellant. |
—[*1] Scott R. Cohen, Carle Place, N.Y., for respondent.
In an action, inter alia, for specific performance of a contract for the sale of real property, thedefendant appeals, as limited by its brief, from so much of an order of the Supreme Court,Nassau County (Cozzens, J.), dated December 19, 2006, as granted those branches of theplaintiff's motion which were to vacate a stipulation of discontinuance and a stipulationcancelling a lis pendens and to reinstate the action.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff established its entitlement to vacatur of a stipulation of discontinuance and astipulation cancelling a lis pendens. The Supreme Court correctly concluded that the plaintiff'sdefault under an escrow agreement, by delivering the duly executed and notarized note one daylate, was inadvertent and minor and the result of miscommunication between the parties.Accordingly, the defendant's attempt to take advantage of a technical default was properlyrejected by the Supreme Court (see Weitz v Murphy, 241 AD2d 547, 548-549 [1997];Bank of N.Y. v Forlini, 220 AD2d 377, 378 [1995]; Goldstein v Goldsmith, 243App Div 268, 272 [1935]).
The defendant's remaining contentions are without merit. Crane, J.P., Rivera, Angiolillo andDickerson, JJ., concur.