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Ellman v. Chatwal

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1994
209 A.D.2d 287 (N.Y. App. Div. 1994)

Summary

applying erroneous date rule

Summary of this case from National Gear & Piston, Inc. v. Cummins Power Systems, LLC

Opinion

November 17, 1994

Appeal from the Supreme Court, New York County (Carol Huff, J.).


In this action to recover accelerated employment contract payments under guarantees given by defendants, the Notice of Default with respect to the bi-weekly salary period ending Sunday, April 12, 1992 was valid although sent by registered mail after close of business on Friday, April 17, 1992 when payment, conceded by defendants to be due at least by that date pursuant to business practices, had not been received. Even if the Notice was premature, the court properly applied the "erroneous date rule" (Kent Sons v. Helena Rubinstein, Inc., 47 N.Y.2d 561, 566). Finally, there was no showing that plaintiff, by accepting payment after the Notices of Default and Termination had been served, manifested an intentional waiver of the right to enforce the acceleration (see, Gilbert Frank Corp. v. Federal Ins. Co., 70 N.Y.2d 966, 968).

Concur — Sullivan, J.P., Wallach, Ross, Rubin and Williams, JJ.


Summaries of

Ellman v. Chatwal

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1994
209 A.D.2d 287 (N.Y. App. Div. 1994)

applying erroneous date rule

Summary of this case from National Gear & Piston, Inc. v. Cummins Power Systems, LLC
Case details for

Ellman v. Chatwal

Case Details

Full title:LAWRENCE ELLMAN, Respondent, v. SANT S. CHATWAL et al., Appellants

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

Date published: Nov 17, 1994

Citations

209 A.D.2d 287 (N.Y. App. Div. 1994)

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