Schenectady Steel Co., Inc. v. Bruno Trimpoli General Const. Co., Inc.

• Decision Date: 11 July 1974
• Citation: 359 N.Y.S.2d 560,34 N.Y.2d 939
• Parties: , 316 N.E.2d 875 SCHENECTADY STEEL CO., INC., Appellant, v. BRUNO TRIMPOLI GENERAL CONSTRUCTION COMPANY, INC., Respondent, et al., Defendant.
• Court: New York Court of Appeals Court of Appeals

Page 560

359 N.Y.S.2d 560

34 N.Y.2d 939, 316 N.E.2d 875

SCHENECTADY STEEL CO., INC., Appellant, v. BRUNO TRIMPOLI GENERAL CONSTRUCTION COMPANY, INC., Respondent, et al., Defendant.

Court of Appeals of New York.

July 11, 1974.

Homer E. Peters, Albany, for appellant.

William J. Quinlan, Plattsburgh, for respondent.

MEMORANDUM.

The order of the Appellate Division, 43 A.D.2d 234, 350 N.Y.S.2d 920 should be affirmed on the record before us.

We agree with the majority below that once the 'time of the essence' provision in the contract was waived by the general contractor, performance by the steel supplier within a reasonable time was all that was required. We would not, however, concur with the majority's reasoning insofar as it is indicated that the 'time of the essence' element was reimposed; but upon any view of the evidence the lesser standard of reasonable time was not even complied with and we thus find no cause for disturbing the result appealed from. We would further indicate that on the facts of this case it is immaterial whether article 2 of the Uniform Commercial Code applies.

BREITEL, C.J., and JASEN, GABRIELLI, JONES and WACHTLER, JJ., concur in memorandum.

SAMUEL RABIN and STEVENS, JJ., taking no part.

Order affirmed, with costs.