1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 60 A.D.2d
  5. 60 A.D.2d 866 (1978)
 

NORTH COUNTRY ROCKY POINT, INC. v. LEWYT-PATCHOGUE CO.

60 A.D.2d 866 (1978)

North Country Rocky Point, Inc., Appellant, v. Lewyt-Patchogue Company, Respondent Lewyt-Patchogue Company, Respondent, v. North Country Rocky Point, Inc., Also Known as North Country Rock Corp., Appellant. (Action No. 1.) North Country Rocky Point, Inc., Plaintiff, v. Lewyt-Patchogue Company, Defendant and Third-Party Plaintiff-Appellant. Daniel D. Cantor, Third-Party Defendant-Respondent. (Action No. 2.)

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

January 16, 1978

Judgment entered December 10, 1976 affirmed, and judgment dated December 21, 1976 affirmed insofar as appealed from, without costs or disbursements.

The alleged anticipatory breach by Lewyt-Patchogue Company was waived by North Country Rocky Point, Inc., when it chose to treat the contract as valid and subsisting (see Strasbourger v Leerburger, 233 N.Y. 55, 59). There is no merit to Lewyt's contention that Cantor, though not a signatory of the lease, was personally...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases