TOTAL SPECTRUM MFG., INC. v. FRASSETTO


172 A.D.2d 747 (1991)

Total Spectrum Manufacturing, Inc., Respondent, v. Albert Frassetto et al., Appellants, and Ourelio and Sons, Inc., Defendant

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

April 22, 1991


Ordered that the order is affirmed, with costs.

The defendants argue that the court erred in granting the "Yellowstone Injunction", since the lease did not set forth a period in which the plaintiff could cure the alleged defaults. We disagree.

It is settled that "[w]hen a contract fixes no time for performance, an agreement that performance shall take place within a reasonable time will be inferred" (Senerchia Realty Corp. v Yonkers Community Dev. Agency...

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