Realty Law Digest
Scott Mollen discusses "East Empire Constr. Inc. v. Borough Constr. Grp," where a subcontract's termination required compliance with a 10-day post notice cure provision, and "Sanchez-Tiben v. Washington," where the court held that a sufficient showing was made to warrant a hearing to ascertain the validity of a hardship declaration.
November 09, 2021 at 12:52 PM
12 minute read
Scott Mollen, Partner at Herrick, Feinstein LLP
Construction Contracts—Defendant Failed To Comply With 10-Day Notice To Cure Provision—Evidence Did Not Support "Futility," Abandonment" or "Repudiation" Arguments
This case involved a breach of contract claim wherein the plaintiff alleged that the defendant failed to comply with a notice-to-cure (notice) provision before terminating the subject contract. The court observed that this case provides the Appellate Division, First Department with the "opportunity to address the strict nature of these types of provisions and the very rare instances when they can be ignored."
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