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CMTY. NAT'L BANK & TRUST CO. OF NEW YORK v. JOSEPH

122 A.D.2d 15 (1986)

Community National Bank and Trust Company of New York, Appellant, v. Bernard Joseph et al., Respondents, et al., Defendants

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

July 7, 1986

Order affirmed insofar as appealed from, with costs.

We agree with Special Term that the plaintiff "acquiesced in the defendants' consistent pattern of late payments". In the absence of a provision that time was of the essence, the plaintiff was required to communicate unequivocal notice that tardy payments would not be accepted (see, Tri-Mar Contrs. v Itco Drywall, 74 A.D.2d 601, 602; see generally, Ballen...

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