From Casetext: Smarter Legal Research

Austin v. Trybus

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 29, 1988
136 A.D.2d 940 (N.Y. App. Div. 1988)

Opinion

January 29, 1988

Appeal from the Supreme Court, Monroe County, Tillman, J.

Present — Dillon, P.J., Boomer, Balio, Lawton and Davis, JJ.


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 A.D.2d 517; Norgate Homes v Central State Bank, 82 A.D.2d 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 N.Y. 38; Friedman, Contracts and Conveyances of Real Property § 1.5, at 145 [4th ed]; 1 Tiffany, Real Property § 202 [3d ed]). Although reasonableness is ordinarily a question of fact, we conclude that the buyer's failure to contact an attorney for more than three months after acceptance of the purchase offer and the attorney's delay in disapproving the contract until the date of closing were, under the facts of this case, unreasonable as a matter of law and that the condition of attorney approval ceased to exist because it was not timely exercised.


Summaries of

Austin v. Trybus

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 29, 1988
136 A.D.2d 940 (N.Y. App. Div. 1988)
Case details for

Austin v. Trybus

Case Details

Full title:DAVID S. AUSTIN, Respondent, v. LOUIS P. TRYBUS, Appellant and Third-Party…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 29, 1988

Citations

136 A.D.2d 940 (N.Y. App. Div. 1988)

Citing Cases

Tedeschi v. Northland Builders, LLC

constitutes a reasonable time turns on the particular circumstances of the case and, thus, is ordinarily a…

Pelusio v. Chen

The Buyer alleges that the Sellers acted unfairly and in bad faith by their attorney's letter disapproving…