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73 N.Y.2d 781

Zev v. Merman

New York Court of Appeals

Decided November 29, 1988

New York Court of Appeals · decided 1988-11-29

Good law ✅— No negative treatment on recordhow we know

Decided 1988-11-29

How this case has been cited

Cited by 28 later decisions — most recently August 2017 · most notably Alaska Textile Co. v. Chase Manhattan Bank, N.A. (1992), Jafari v. Wally Findlay Galleries (1990)

4 federal appellate ·

1901988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*783OPINION OF THE COURT

¶2Memorandum.

¶3The order of the Appellate Division should be affirmed, with costs.

¶4What constitutes a reasonable time for performance depends upon the facts and circumstances of the particular case (see, Ballen v Potter, 251 NY 224; Murray Co. v Lidgerwood Mfg. Co., 241 NY 455, 459). Included within a court’s determination of reasonableness are the nature and object of the contract, the previous conduct of the parties, the presence or absence of good faith, the experience of the parties and the possibility of prejudice or hardship to either one, as well as the specific number of days provided for performance (see, Murray Co. v Lidgerwood Mfg. Co., supra, at 459; Ballen v Potter, supra; 76 N. Assocs. v Theil Mgt. Corp., 114 AD2d 948; Schoen v Grossman, 33 Misc 2d 490, affd 17 AD2d 778; Pomeroy, Specific Performance of Contracts § 396 [3d ed]). The determination of reasonableness must by its very nature be determined on a case-by-case basis.

¶5Accordingly, it cannot be said that the Appellate Division erred as a matter of law in determining that the time set by defendants for performance was reasonable.

¶6Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

¶7Order affirmed, with costs, in a memorandum.

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