Legal Opinion
ADC Orange, Inc. v. Coyote Acres, Inc.
New York Court of Appeals
Decided October 19, 2006PublishedCited by 58 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
This case involves a contract for the sale of land. The buyer seeks specific performance; the seller has kept the down payment, claiming the buyer breached the contract. Pursuant to the contract, the buyer was obligated to make an interim payment of $250,000 by a particular date. Because the buyer made the payment two weeks late, the outcome of the appeal turns in part on whether, in connection with that obligation, time was “of the essence.” We hold that in contracts of this type, time of performance is not normally of the essence unless the contract so…
2Cases cited16 opinions
- Zev v. MermanNew York Court of Appeals · 1988
- Grace v. NappaNew York Court of Appeals · 1979
- Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.New York Court of Appeals · 1983
- Kooleraire Service & Installation Corp. v. Board of EducationNew York Court of Appeals · 1971
- Zev v. MermanAppellate Division of the Supreme Court of the State of New York · 1987
11 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- MHR Capital Partners LP v. Presstek, Inc.New York Court of Appeals · 2009
- Mills v. ChauvinAppellate Division of the Supreme Court of the State of New York · 2013
- Highland Credit Opportunities CDO, L.P. v. Ubs Ag, Texas Court of Appeals, 5th District (Dallas)2014
- 1 Funding Center, Inc. v. H & G OperatIng Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Iannucci v. 70 Washington Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2008
53 more not listed; retrieve them via the Exa API.