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IMMAR REALTY, INC. v. TUCKER

133 A.D.2d 338 (1987)

Immar Realty, Inc., Appellant, v. Mayson H. Tucker, Respondent

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

September 8, 1987

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

Although the "law date" set in the contract had passed and the plaintiff had not fully performed cleanup operations called for by the contract, the defendant continued to consider the contract executory. Thereafter, the defendant never established that time was of the essence by setting a new "law date" for the plaintiff's performance....

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