Patrick v. Whelan & Curry Construction Services, Inc.

Appellate Division of the Supreme Court of New York

Patrick v. Whelan & Curry Construction Services, Inc.

303 A.D.2d 974, 755 N.Y.S.2d 912, 2003 N.Y. App. Div. LEXIS 2823

Appellate Division of the Supreme Court of the State of New York·Decided March 21, 2003·Published·Cited by 1 cases

Opinion

—Appeal from an order of Supreme Court, Onondaga County (Stone, J.), entered December 13, 2001, which, inter alia, granted defendant’s cross motion for partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court, Onondaga County (Stone, J.). We add only that plaintiff’s “insistence on an untenable interpretation of a key contractual provision * * * constituted an anticipatory breach of the contract” (IBM Credit Fin. Corp. v Mazda Motor [975] Mfg. [USA] Corp., 92 NY2d 989, 993 [1998]). Present — Pigott, Jr., P.J., Pine, Hurlbutt, Lawton and Hayes, JJ.

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—Appeal from an order of Supreme Court, Onondaga County (Stone, J.), entered December 13, 2001, which, inter alia, granted defendant’s cross motion for partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court, Onondaga County (Stone, J.). We add only that plaintiff’s “insistence on an untenable interpretation of a key contractual provision * * * constituted an anticipatory breach of the contract” (IBM Credit Fin. Corp. v Mazda Motor [975] Mfg. [USA] Corp., 92 NY2d 989, 993 [1998]). Present — Pigott, Jr., P.J., Pine, Hurlbutt, Lawton and Hayes, JJ.

Patrick v. Whelan & Curry Construction Services, Inc., 303 A.D.2d 974, 755 N.Y.S.2d 912, 2003 N.Y. App. Div. LEXIS 2823 (N.Y. Ct. App. 2003).

Pincite

303 A.D.2d 974 (Patrick v. Whelan & Curry Construction Services, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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