Opinion
April 22, 1991
Appeal from the Supreme Court, Rockland County (Kelly, J.).
Ordered that the order is affirmed, with costs.
The defendants argue that the court erred in granting the "Yellowstone Injunction", since the lease did not set forth a period in which the plaintiff could cure the alleged defaults. We disagree.
It is settled that "[w]hen a contract fixes no time for performance, an agreement that performance shall take place within a reasonable time will be inferred" (Senerchia Realty Corp. v. Yonkers Community Dev. Agency, 80 A.D.2d 889, 890; see also, Webster's Red Seal Publs. v. Gilberton World-Wide Publs., 67 A.D.2d 339, 343, affd 53 N.Y.2d 643). Here, the lease states that the landlord has the right to re-enter the premises if "default be made in any of the covenants herein contained and not cured in the time permitted by the lease" (emphasis supplied). Because the lease fails to specify elsewhere any period for curing any defaults, the court properly inferred that the plaintiff had a "reasonable time" to cure its alleged defaults. Accordingly, since the plaintiff faced the threat of forfeiture and termination of the lease, the court did not err when it granted the injunction (see, Post v. 120 E. End Ave. Corp., 62 N.Y.2d 19, 25-26; Garland v. Titan W. Assocs., 147 A.D.2d 304; Mann Theatres Corp. v. Mid-Island Shopping Plaza Co., 94 A.D.2d 466, affd 62 N.Y.2d 930).
In light of this conclusion, it is unnecessary to consider the plaintiff's other contentions. Lawrence, J.P., Harwood, Rosenblatt and O'Brien, JJ., concur.