Allen v. Kowalewski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed with costs. Memorandum: Plaintiffs appeal from a judgment entered after a bench trial that dismissed the complaint and granted judgment on defendant’s counterclaim for services performed in renovating plaintiffs’ building. We affirm.
The contention of plaintiffs that defendant breached the contract by failing to perform in a timely manner is without merit. Although the building was not completed and ready for occupancy prior to December 15, 1985, as required by the contract, plaintiffs waived the condition of timely performance. A party may waive timely…
2Cases cited7 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Thoreson v. Penthouse International, Ltd.New York Court of Appeals · 1992
- Claridge Gardens, Inc. v. MenottiAppellate Division of the Supreme Court of the State of New York · 1990
- Stefanelli v. VitaleAppellate Division of the Supreme Court of the State of New York · 1996
- Vail-Beserini v. BeseriniAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by9 opinions
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- 29 Holding Corp. v. DiazNew York Supreme Court · 2004
- Palumbo v. DonaldsCivil Court of the City of New York · 2003
- Pierce v. PastorelloAppellate Division of the Supreme Court of the State of New York · 1998
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