Willard v. Mercer
Cases that cite this one
12 later published cases cite this decision.
- In re Oyster Bay Cove, Ltd. (United States Bankruptcy Court, E.D. New York 1993)
- Texter v. Trotta (Appellate Division of the Supreme Court of New York 2008)
- Klaiber, LLC v. Coon (Appellate Division of the Supreme Court of New York 2008)
- Anderson v. Meador (Appellate Division of the Supreme Court of New York 2008)
- Silverman v. Ankari (In re Oyster Bay Cove, Ltd.) (District Court, E.D. New York 1996)
- Brum Realty, Inc. v. Takeda (Appellate Division of the Supreme Court of New York 1994)
- ERA Joseph Green Real Estate Inc. v. Daubert (Appellate Division of the Supreme Court of New York 1992)
- Realty v. Wedgewood Homes, Inc. (Appellate Division of the Supreme Court of New York 1988)
- Maxton Builders, Inc. v. Lo Galbo (N.Y. 1986)
- Levine v. Sarbello (Appellate Division of the Supreme Court of New York 1985)
- Gentile v. Kim (Appellate Division of the Supreme Court of New York 1984)
- Agency, Broad & Cornelia Street, Inc. v. Lavigne (Appellate Division of the Supreme Court of New York 1983)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
In this case, in which time was not made of the essence in the contract of purchase and sale, the prospective purchasers neither sought to fix a law day for the closing of title nor afforded the sellers a reasonable opportunity to remedy a concededly curable defect of title before repudiating the contract. In this circumstance the buyers were not entitled to a refund of their down payment.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.