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Schenectady Steel Co. Inc. v. Trimpoli Gen. Constr

Court of Appeals of the State of New York
Jul 11, 1974
34 N.Y.2d 939 (N.Y. 1974)

Opinion

Argued June 14, 1974

Decided July 11, 1974

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, D. VINCENT CERRITO, J.

Homer E. Peters for appellant.

William J. Quinlan for respondent.


MEMORANDUM. The order of the Appellate Division should be affirmed on the record before us.

We agree with the majority below that once the "time of the essence" provision in the contract was waived by the general contractor, performance by the steel supplier within a reasonable time was all that was required. We would not, however, concur with the majority's reasoning insofar as it is indicated that the "time of the essence" element was reimposed; but upon any view of the evidence the lesser standard of reasonable time was not even complied with and we thus find no cause for disturbing the result appealed from. We would further indicate that on the facts of this case it is immaterial whether article 2 of the Uniform Commercial Code applies.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum; Judges RABIN and STEVENS taking no part.

Order affirmed, with costs.


Summaries of

Schenectady Steel Co. Inc. v. Trimpoli Gen. Constr

Court of Appeals of the State of New York
Jul 11, 1974
34 N.Y.2d 939 (N.Y. 1974)
Case details for

Schenectady Steel Co. Inc. v. Trimpoli Gen. Constr

Case Details

Full title:SCHENECTADY STEEL CO., INC., Appellant, v. BRUNO TRIMPOLI GENERAL…

Court:Court of Appeals of the State of New York

Date published: Jul 11, 1974

Citations

34 N.Y.2d 939 (N.Y. 1974)
359 N.Y.S.2d 560
316 N.E.2d 875

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