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AUSTIN v. TRYBUS

136 A.D.2d 940 (1988)

David S. Austin, Respondent, v. Louis P. Trybus, Appellant and Third-Party Plaintiff-Appellant, and Westland Realty Corporation, Respondent. Helga Das, Third-Party Defendant-Respondent

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

January 29, 1988

Order unanimously affirmed with costs.

Memorandum:

Parties to a real estate contract have an implied obligation to deal fairly and to act in good faith (McKenna v Case, 123 A.D.2d 517; Norgate Homes v Central State Bank, 82 A.D.2d 849) and where no time is expressed in the agreement for the performance of conditions, there is an implied duty to perform within a reasonable...

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