ELMSFORD SHEET METAL WORKERS, INC. v. SHASTA INDUS., INC.


103 A.D.2d 764 (1984)

Elmsford Sheet Metal Workers, Inc., Respondent, v. Shasta Industries, Inc., Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 9, 1984


¶ Judgment affirmed, with costs.

¶ Plaintiff's claim arises out of defendants' failure to deliver travel trailers for use during the Lake Placid Olympics, by January 15, 1980, the date provided in the contract. Appellant asserted as a defense that the delivery deadline was extended by mutual assent of the parties. ¶ The contract between the parties made time of the essence and expressly provided that no modification of its terms would be valid "unless...

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