"All cash" contract and "Time is of the E

[Lilly]

I am currently under contract to buy a condominium apartment in Manhattan. I signed the contract and in it I waived financing, meaning my buying the apartment is not subject to my obtaining a mortgage. The owner of the apartment has cancelled our closing date, which was March 13th. We now have another date to close for April 15th. My attorney is trying to get a letter from the owners attorney (the seller) saying "time is of the essence" for the April 15th closing. My attorney tells me
that if the owner fails to close on April 15th I can get my 10% deposit back. Is this true and if not, what recourse do I have against the seller for failing to close? My attorney told me that the apartment she (the seller) is moving to is being held up in Surrogates Court with a gardianship issue.
What does that mean?
Any advice would be appreciated.
I am currently staying with a friend and I don't want this to end up being months!

[consigliere]

Because the contract wasn't subject to your obtaining a mortgage, your attorney should have insisted on a "time is of the essence" provision in the original contract.
 
If you can't close on April 15th, your attorney could demand a refund of your 10% deposit. Or you might be able to commence a suit in state supreme court for specific performance to actually force the seller to have a closing and to surrender the apartment to you.
 
The seller probably doesn't want to find temporary quarters in which to live while the surrogates court proceeding is pending.
 
"me again" has given good advice. Also check to see if the contract has a provision for attorneys' fees. The seller might be more eager to close and to move out if she realizes that she might have to pay your attorneys' fees in a specific performance proceeding, which, in any event, will not get you the apartment quickly.