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STERLING FACTORS CORP. v. FREEMAN

27 A.D.2d 956 (1967)

Sterling Factors Corporation, Appellant, v. Max Freeman et al., Respondents, et al., Defendants Sterling Factors Corporation, Appellant, v. Max Freeman et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 24, 1967

Judgment affirmed, with costs.

In our opinion, the auction sale of March 1, 1963 and plaintiff's conduct thereafter were an effective repudiation of the agreement of February 28, 1963. Since plaintiff prevented performance under that contract, it cannot later seek to avail itself of rights obtained thereunder (cf. Grad v. Roberts, 14 N.Y.2d 70, 75; Dulberg v. Equitable Life Assur. Soc., 277 N.Y. 17, 24; Homer v...

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