SCHENECTADY STEEL CO., INC. v. BRUNO TRIMPOLI GEN. CONSTR. CO., INC.


34 N.Y.2d 939 (1974)

Schenectady Steel Co., Inc., Appellant, v. Bruno Trimpoli General Construction Company, Inc., Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided July 11, 1974.


Attorney(s) appearing for the Case

Homer E. Peters for appellant.

William J. Quinlan for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum; Judges RABIN and STEVENS taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed on the record before us.

We agree with the majority below that once the "time of the essence" provision in the contract was waived by the general contractor, performance by the steel supplier within a reasonable time was all that was required. We would not, however, concur with the majority's reasoning insofar...

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