Ciani v. Georgalas
Cases that cite this one
1 later published case cites this decision.
- William Towne Associates, Inc. v. Pegasus Construction, Inc. (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to
Ordered that the order is affirmed, with costs.
In a stipulation dated January 28, 1999, the plaintiffs and the respondent agreed that the instant action would be settled upon the payment of $225,000 by the respondent to the plaintiffs on or before April 15, 1999. On that date, the respondent paid $145,000, and obtained the plaintiffs’ permission for an extension until April 19, 1999, to pay the balance. Due to circumstances beyond the respondent’s control, he did not obtain the remaining $80,000 until April 22, 1999.
Neither the stipulation nor the parties by their conduct demonstrated that time was of the essence. Under these circumstances, the Supreme Court providently exercised its discretion in granting the respondent’s motion (see, Gurino v Gabrielli, 133 AD2d 136; cf., Baiting Hollow Acquisitions v Estates of Baiting Hollow, 266 AD2d 490). Thompson, J. P., Luciano, Feuerstein and Schmidt, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.