Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.
Cases that cite this one
88 later published cases cite this decision. The 24 that cite it most often are listed here.
- Lebovits v. PHL Variable Insurance Co. (District Court, E.D. New York 2016)
- In re Asia Global Crossing, Ltd. (United States Bankruptcy Court, S.D. New York 2007)
- In re Asia Global Crossing, Ltd. (United States Bankruptcy Court, S.D. New York 2005)
- In re Asia Global Crossing, Ltd. (United States Bankruptcy Court, S.D. New York 2005)
- Saewitz v. Epstein (District Court, N.D. New York 1998)
- Towers Charter & Marine Corp. v. Cadillac Insurance (2d Cir. 1990)
- United States v. 0.35 of an Acre of Land, More or Less, Situated in Westchester County (District Court, S.D. New York 1988)
- FMTB BH LLC - Adversary Proceeding (United States Bankruptcy Court, E.D. New York 2020)
- LIBERTY AFFORDABLE HOUSING, INC. v. MAPLE COURT APARTMENT (Appellate Division of the Supreme Court of New York 2015)
- Liberty Affordable Housing, Inc. v. Maple Court Apartments (Appellate Division of the Supreme Court of New York 2015)
- Liberty Affordable Housing, Inc. v. Maple Court Apartments (Appellate Division of the Supreme Court of New York 2015)
- Madison Equities, LLC v. MZ Management Corp. (Appellate Division of the Supreme Court of New York 2005)
- Madison Investments, Inc. v. Cohoes Associates (Appellate Division of the Supreme Court of New York 1991)
- Contro v. White (Appellate Division of the Supreme Court of New York 1991)
- Core-Mark Midcontinent, Inc. v. Tri-State Candy Wholesale, Inc. (District Court, E.D. New York 2023)
- FMTB BH LLC - Adversary Proceeding (United States Bankruptcy Court, E.D. New York 2020)
- GLND 1945, LLC v. Ballard (Appellate Division of the Supreme Court of New York 2019)
- Mendoza v. Sterling Props., Inc. (Appellate Division of the Supreme Court of New York 2018)
- Malekan v. 701-709 Chester St, LLC (Appellate Division of the Supreme Court of New York 2016)
- Nehmadi v. Davis (Appellate Division of the Supreme Court of New York 2014)
- Thomas v. Gray (Appellate Division of the Supreme Court of New York 2014)
- Nemon Corp. v. 45-51 Avenue B, LLC (Appellate Division of the Supreme Court of New York 2013)
- Nemon Corp. v. 45-51 Avenue B, LLC (Appellate Division of the Supreme Court of New York 2013)
- Mills v. Chauvin (Appellate Division of the Supreme Court of New York 2013)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Though defendant seller’s anticipatory breach of contract relieved plaintiff purchaser of its obligation to tender performance, this did not discharge plaintiff’s obligation to show that it was ready and able to perform its own contractual undertakings on the closing date, in order to secure specific performance. (Stawski v Epstein, 67 AD2d 681; Friederang v Aldo Co., 199 App Div 127.) Plaintiff insists that, while it lacked its own funds to purchase the property on the scheduled closing date, it was nonetheless able to perform because it had obtained a commitment from another person. However, as the Appellate Division found, this person was not asked for financing until nearly a year after the anticipated closing, and plaintiff failed to produce any other evidence of its capacity to perform. Specific performance was therefore inappropriate.
Since there has already been a trial upon stipulated facts and extensive deposition testimony, and no trial errors are alleged, there is no occasion for a further hearing on the issue of plaintiff’s ability to perform, as plaintiff requests.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.