Unloading Corp. v. State

Appellate Division of the Supreme Court of New York

Unloading Corp. v. State

132 A.D.2d 543, 517 N.Y.S.2d 276, 1987 N.Y. App. Div. LEXIS 49073

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 6, 1987

DocketClaim No. 65288

StatusPublished

Cited by6 cases

This text of 132 A.D.2d 543 (Unloading Corp. v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Unloading Corp. v. State, 132 A.D.2d 543, 517 N.Y.S.2d 276, 1987 N.Y. App. Div. LEXIS 49073 (N.Y. Ct. App. 1987).

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Opinion

In a claim for damages for breach of contract, the plaintiff appeals from so much of a judgment of the Court of Claims (McCabe, J.), dated October 25, 1985, as, after a nonjury trial, granted the defendant’s motion to dismiss its claim.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

It is well settled that "[a] promisee may not recover for a broken promise unless he has performed his obligations, usually categorized as a condition precedent”, under the contract (McGrath v Hilding, 41 NY2d 625, 629; see, 5 Williston, Contracts § 676 [3d ed]). Here, the claimant failed to establish that it had performed its obligations under the contract; thus, the court properly granted the defendant’s motion to dismiss the claim. Brown, J. P., Eiber, Kunzeman and Sullivan, JJ., concur.

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In a claim for damages for breach of contract, the plaintiff appeals from so much of a judgment of the Court of Claims (McCabe, J.), dated October 25, 1985, as, after a nonjury trial, granted the defendant’s motion to dismiss its claim.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

It is well settled that "[a] promisee may not recover for a broken promise unless he has performed his obligations, usually categorized as a condition precedent”, under the contract (McGrath v Hilding, 41 NY2d 625, 629; see, 5 Williston, Contracts § 676 [3d ed]). Here, the claimant failed to establish that it had performed its obligations under the contract; thus, the court properly granted the defendant’s motion to dismiss the claim. Brown, J. P., Eiber, Kunzeman and Sullivan, JJ., concur.

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Bluebook (online)

132 A.D.2d 543, 517 N.Y.S.2d 276, 1987 N.Y. App. Div. LEXIS 49073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/unloading-corp-v-state-nyappdiv-1987.

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