Appellate Division of the Supreme Court of New York, 2003

Patrick v. Whelan & Curry Construction Services, Inc.

Appellate Division of the Supreme Court of New York · Decided March 21, 2003

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

Cases that cite this one

1 later published case cites this decision.

Morgan v. McCaffrey (Appellate Division of the Supreme Court of New York 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—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 *975Mfg. [USA] Corp., 92 NY2d 989, 993 [1998]). Present — Pigott, Jr., P.J., Pine, Hurlbutt, Lawton and Hayes, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.