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LARKFIELD LANDSCAPERS, INC. v. CRON

204 A.D.2d 407 (1994)

614 N.Y.S.2d 185

Larkfield Landscapers, Inc., Appellant, v. Richard J. Cron, Respondent

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

May 9, 1994

Ordered that the judgment is affirmed, with costs.

We find that the court did not err in finding that the plaintiff breached its agreement to buy trees from the defendant. It is undisputed that a term of the contract was that the plaintiff remove certain trees from the defendant's property within a specified time period. The president of the plaintiff corporation testified that this term of the agreement was excused by the defendant. The trial court implicitly rejected...

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