Legal Opinion

Wilco Construction Corp. v. Prywes

Appellate Division of the Supreme Court of the State of New York

Decided November 27, 1961PublishedCited by 2 opinions

1Opinion of the Court

Time was not of the essence in the contract in suit. While plaintiff in its complaint failed to allege the facts showing that it was in default on the date set forth in the contract for the passing of title and showing that such default was excusable and worked no harm on defendant, we amend the complaint to conform to the proof in these respects (Civ. Prac. Act, §§ 109, 434; Thorne Neale & Co. v. New York So. Coal Term. Corp., 270 App. Div. 816, affd. 295 N. Y. 977). Beldoek, Acting P. J., Ughetta, Christ, Pette and Brennan, JJ., concur. [29 Mise 2d 81.]

2Cases cited2 opinions

  1. Thorne Neale & Co. v. New York Southern Coal Terminal Corp.Appellate Division of the Supreme Court of the State of New York · 1946
  2. Thorne Neale & Co. v. New York Southern Coal Terminal Corp.New York Court of Appeals · 1946

3Cited by2 opinions

  1. AVR Acquisition Corp. v. Schorr Bros. Development Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  2. Johnson v. MunnAppellate Division of the Supreme Court of the State of New York · 1977