A buyer who did not appear at the contractually agreed-upon closing time of a $50 million real estate deal breached his contract with the seller, even though it is undisputed that the parties met three hours after the scheduled closing time and continued to discuss the deal, a unanimous state appeals panel has ruled.

The Jan. 31 opinion by Justice David Saxe (See Profile) of the Appellate Division, First Department, in Nassau Beekman v. Ann/Nassau Realty, 116402/08, held the case up as an example of the importance of putting contract amendments in writing.