Answer:
Certainly, they cannot prevail. The contract terms stated clearly that "time is of the essence of this contract." The Bassos and Miceli and Slonim Development Corp did not actually respect this contract term.
The contract was expected to have closed at 10:00 am on May 16, 1988, and not after. By the time that Dierberg left the venue, the contract should have been finalized. Alternatively, if there were unseen delays, Dierberg should have been informed at least 30 minutes before 10:00 am.
Explanation:
The argument by Miceli and Slonim does not hold water. The contract did require closing exactly at 10:00 AM, and not some time on May 16. In my considered opinion, suing Dierberg is a waste of court time and process.