Practice point: Strict compliance with contractual notice provisions need not be enforced where the adversary party does not claim the absence of actual notice or prejudice by the deviation.
Students should note that since the case was tried without a jury, the Appelate Division's power to review the evidence is the same as the trial court’s, with appropriate regard given to the decision of the trial judge who was in a position to assess witness credibility.
The case is Baygold Assoc., Inc. v. Congregation Yetev Lev of Monsey, Inc., NY Slip Op 01228 (2d Dept. 2011).
Monday's issue is adverse possession.
