Austin v. Trybus

—Order unanimously affirmed with costs. Memorandum: Parties to a real estate contract have an implied obligation to deal fairly and to act in good faith (McKenna v Case, 123 AD2d 517; Norgate Homes v Central State Bank, 82 AD2d 849) and where no time is expressed in the agreement for the performance of conditions, there is an implied duty to perform within a reasonable time (Trustees of Union Coll, v City of New York, 173 NY 38; Friedman, *941Contracts and Conveyances of Real Property § 1.5, at 145 [4th ed]; 1 Tiffany, Real Property § 202 [3d ed]). Although reasonableness is ordinarily a question…