Summary
In Levine v Sarbello (67 NY2d 780, affg 112 AD2d 197, 200 [2d Dept 1985]), we acknowledged that it is possible for the seller to convert a non-time-of-the-essence contract into one making time of the essence by giving the buyer "clear, unequivocal notice" and a reasonable time to perform.
Summary of this case from ADC Orange, Inc. v. Coyote Acres, Inc.Opinion
Argued February 5, 1986
Decided March 18, 1986
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Arthur S. Hirsch, J., Joseph S. Levine, J.
Hugo Puglia and Charles F. Alario for appellants.
Alan M. Dubow for plaintiffs-respondents.
Alan J. Firestone for defendants-respondents.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 112 A.D.2d 197).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.