William Towne Associates, Inc. v. Pegasus Construction, Inc.

Appellate Division of the Supreme Court of New York

William Towne Associates, Inc. v. Pegasus Construction, Inc.

286 A.D.2d 246, 728 N.Y.S.2d 372, 2001 N.Y. App. Div. LEXIS 7932

Appellate Division of the Supreme Court of the State of New York·Decided August 9, 2001·Published

Opinion

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered January 23, 2001, which, in an action to set aside a fraudulent transfer so as to enforce a money judgment, inter alia, granted defendants’ cross motion to enforce a stipulation of settlement entered into between the parties on or about June 21, 2000, unanimously affirmed, without costs.

Defendants’ three-day-late proffer of the second of the three payments due pursuant to the parties’ stipulation of settlement, after timely making the first payment, would not have justified a finding that defendants were in default under the stipulation. Neither the stipulation nor the parties’ conduct demonstrates that time was of the essence (see, Ciani v Geor[247]*247galas, 274 AD2d 443). Concur — Rosenberger, J. P., Tom, Mazzarelli, Wallach and Friedman, JJ.

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Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered January 23, 2001, which, in an action to set aside a fraudulent transfer so as to enforce a money judgment, inter alia, granted defendants’ cross motion to enforce a stipulation of settlement entered into between the parties on or about June 21, 2000, unanimously affirmed, without costs.

Defendants’ three-day-late proffer of the second of the three payments due pursuant to the parties’ stipulation of settlement, after timely making the first payment, would not have justified a finding that defendants were in default under the stipulation. Neither the stipulation nor the parties’ conduct demonstrates that time was of the essence (see, Ciani v Geor[247]*247galas, 274 AD2d 443). Concur — Rosenberger, J. P., Tom, Mazzarelli, Wallach and Friedman, JJ.

William Towne Associates, Inc. v. Pegasus Construction, Inc., 286 A.D.2d 246, 728 N.Y.S.2d 372, 2001 N.Y. App. Div. LEXIS 7932 (N.Y. Ct. App. 2001).

Pincite

286 A.D.2d 246 (William Towne Associates, Inc. v. Pegasus Construction, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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