You are here: / / Lawyer’s Communication Did Not Make “Time of the Essence.”

Lawyer’s Communication Did Not Make “Time of the Essence.”

The Second Department held that the letter from the buyer’s attorney to the seller’s attorney stating that the buyer was prepared to close “on any date … within the next ten days,” and that the buyer would make himself available “at any time and location so designated by you,” and requested that the seller’s attorney “contact me within the next ten days to schedule a closing” did not make “time of the essence” because “it did not clearly and distinctly set a new date and time for closing, and it did not inform the defendant that he would be considered in default if he did not perform by a given date…”. Latora v Ferreira, 2011-09673, Index No. 20462/05 Second Dept. 1-23-13

 

You might also like
THE RECENT COURT OF APPEALS DECISION ALLOWING A VETERINARIAN’S OFFICE TO BE SUED IN NEGLIGENCE WHEN A PATRON WAS BITTEN BY A DOG IN THE WAITING ROOM DID NOT EXTEND TO A RESTAURANT OWNER WHO ALLOWS PATRONS TO BRING THEIR LEASHED DOGS TO THE RESTAURANT; THE STRICT LIABILITY “NOTICE OF VICIOUS PROPENSITIES” STANDARD APPLIED TO THE RESTAURANT OWNER (SECOND DEPT).
FAILURE TO ADEQUATELY QUESTION JUROR ABOUT HER ABILITY TO BE FAIR AFTER SHE INDICATED SHE DID NOT THINK A PERSON SHOULD RESPOND TO VIOLENCE WITH VIOLENCE REQUIRED REVERSAL (SECOND DEPT).
DEFENDANT’S ROBBERY CONVICTION WAS AGAINST THE WEIGHT OF THE EVIDENCE; THE IDENTIFICATION TESTIMONY WAS TOO WEAK TO MEET THE BEYOND A REASONABLE DOUBT STANDARD (SECOND DEPT).
THE BANK’S MOTION TO RESTORE THE 2009 FORECLOSURE ACTION WHICH HAD BEEN ADMINISTRATIVELY, BUT NOT FORMALLY, DISMISSED SHOULD HAVE BEEN GRANTED; THE BANK HAD PREVIOUSLY STATED ITS INTENTION TO DISCONTINUE THE 2009 FORECLOSURE BUT THE MOTION TO RESTORE WAS NOT PRECLUDED BY THE JUDICIAL ESTOPPEL DOCTRINE (SECOND DEPT).
There Must Be a Determination of Paternity Before Making an Abandonment Finding
THE CAUSE OF ACTION SEEKING THE IMPOSITION OF A CONSTRUCTIVE TRUST TO PREVENT UNJUST ENRICHMENT SHOULD NOT HAVE BEEN DISMISSED; PLAINTIFF WIFE ENTERED A SETTLEMENT AGREEMENT REQUIRING PAYMENTS BY HER EX-HUSBAND; AFTER HER EX-HUSBAND’S DEATH HIS CHILDREN ALLEGEDLY EMPTIED THE ESTATE OF ASSETS, THEREBY PREVENTING THE FULFILLMENT OF THE TERMS OF THE SETTLEMENT AGREEMENT (SECOND DEPT).
FRYE HEARING REQUIRED TO DETERMINE WHETHER “OTHER UNSPECIFIED PARAPHILIC” DISORDER IS A DIAGNOSIS WHICH IS GENERALLY ACCEPTED IN THE PSYCHIATRIC AND PSYCHOLOGICAL COMMUNITIES.
Insufficient Evidence of Depraved Indifference Assault and Assault on a Police Officer

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Defendant Did Not Demonstrate Lack of Constructive Notice in Slip and Fall Case—Slip... Answering Juror’s Question Outside Presence of Defendant, Counsel and Other...