Green Point Savings Bank v. Central Gardens Unit No. 1, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The two agreements are required to be read together. (Nau v. Vulcan Rail & Constr. Co., 286 N. Y. 188, 197; Palmer v. Palmer, 150 N. Y. 139; Newburger V. American Surety Co., 242 N. Y. 134; Hicks v. British Amer. Assur. Co., 162 N. Y. 284.) As so read, it cannot be said that the appealing defendant was in default as a matter of law when the action was begun. The agreement does not expressly state that time is of the essence of the contract, and the complaint does not allege that plaintiff, prior to the action, had served a notice upon said defendant fixing a reasonable time within which to…
2Cases cited17 opinions
- William C. Atwater & Co. v. Panama RailroadNew York Court of Appeals · 1927
- Nau v. Vulcan Rail & Construction Co.New York Court of Appeals · 1941
- Fleischman v. . FurguesonNew York Court of Appeals · 1918
- Taylor v. . GoeletNew York Court of Appeals · 1913
- Palmer v. . PalmerNew York Court of Appeals · 1896
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3Cited by11 opinions
- 76 North Associates v. Theil Management Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Bruce Realty Company of Florida v. BergerDistrict Court, S.D. New York · 1971
- Lake Steel Erection, Inc. v. EganAppellate Division of the Supreme Court of the State of New York · 1978
- Cooke v. CookeAppellate Division of the Supreme Court of the State of New York · 1956
- Duffy v. DuffyNew York Supreme Court · 1960
6 more not listed; retrieve them via the Exa API.