Home/Appellate Division of the Supreme Court of New York/Wilco Construction Corp. v. Prywes

Wilco Construction Corp. v. Prywes

14 A.D.2d 929, 222 N.Y.S.2d 49, 1961 N.Y. App. Div. LEXIS 7691
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 27, 1961
StatusPublished
Cited by2 cases

This text of 14 A.D.2d 929 (Wilco Construction Corp. v. Prywes) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilco Construction Corp. v. Prywes, 14 A.D.2d 929, 222 N.Y.S.2d 49, 1961 N.Y. App. Div. LEXIS 7691 (N.Y. Ct. App. 1961).

Opinion

Time was not of the essence in the contract in suit. While plaintiff in its complaint failed to allege the facts showing that it was in default on the date set forth in the contract for the passing of title and showing that such default was excusable and worked no harm on defendant, we amend the complaint to conform to the proof in these respects (Civ. Prac. Act, §§ 109, 434; Thorne Neale & Co. v. New York So. Coal Term. Corp., 270 App. Div. 816, affd. 295 N. Y. 977). Beldoek, Acting P. J., Ughetta, Christ, Pette and Brennan, JJ., concur. [29 Mise 2d 81.]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

AVR Acquisition Corp. v. Schorr Bros. Development Corp.
270 A.D.2d 372 (Appellate Division of the Supreme Court of New York, 2000)
Johnson v. Munn
57 A.D.2d 108 (Appellate Division of the Supreme Court of New York, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
14 A.D.2d 929, 222 N.Y.S.2d 49, 1961 N.Y. App. Div. LEXIS 7691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilco-construction-corp-v-prywes-nyappdiv-1961.