Muttontown Realty Corp. v. Schwartz

Appellate Division of the Supreme Court of New York

Muttontown Realty Corp. v. Schwartz

197 A.D.2d 680, 604 N.Y.S.2d 776, 1993 N.Y. App. Div. LEXIS 9943

Appellate Division of the Supreme Court of the State of New York·Decided October 25, 1993·Published·Cited by 1 cases

Opinion

—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Segal, J.), dated August 20, 1991 which denied its motion for summary judgment.

Ordered that the order is affirmed, with costs.

The record raises triable issues of fact (see, CPLR 3212) as to whether the plaintiff waived timely performance on the part of the defendants (see, Ranfro Dev. Corp. v Home Funding Co., 26 AD2d 955). Contrary to the plaintiff’s contention, we also find that the defendants’ actions on the day finally set for closing did not constitute an anticipatory breach of the parties’ contract (see, Calamari & Perillo, Contracts § 12-3, at 521 [3d ed]). Bracken, J. P., Balletta, Fiber, O’Brien and Santucci, JJ., concur.

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—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Segal, J.), dated August 20, 1991 which denied its motion for summary judgment.

Ordered that the order is affirmed, with costs.

The record raises triable issues of fact (see, CPLR 3212) as to whether the plaintiff waived timely performance on the part of the defendants (see, Ranfro Dev. Corp. v Home Funding Co., 26 AD2d 955). Contrary to the plaintiff’s contention, we also find that the defendants’ actions on the day finally set for closing did not constitute an anticipatory breach of the parties’ contract (see, Calamari & Perillo, Contracts § 12-3, at 521 [3d ed]). Bracken, J. P., Balletta, Fiber, O’Brien and Santucci, JJ., concur.

Muttontown Realty Corp. v. Schwartz, 197 A.D.2d 680, 604 N.Y.S.2d 776, 1993 N.Y. App. Div. LEXIS 9943 (N.Y. Ct. App. 1993).

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197 A.D.2d 680 (Muttontown Realty Corp. v. Schwartz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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