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APOSTOLOU v. MUT. OF OMAHA INS. CO.

72 A.D.2d 781 (1979)

Louise Apostolou, Formerly Known as Louise Trimis, Respondent, v. Mutual of Omaha Insurance Company, Appellant

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

November 19, 1979

Order reversed, on the law, with $50 costs and disbursements, and motion to dismiss plaintiff's second cause of action granted.

Plaintiff's second cause of action, which seeks to recover disability in futuro for the life expectancy of the plaintiff, is based upon the theory of anticipatory breach. Generally, the doctrine of anticipatory breach has no application to contracts for the periodic payment of money (Franklin Soc. Fed. Sav. & Loan Assn. v Far...

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