New York Court of Appeals December 1, 1983 (Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.)

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