HUNTINGTON MINING HOLDINGS, INC. v. COTTONTAIL PLAZA, INC.


60 N.Y.2d 997 (1983)

Huntington Mining Holdings, Inc., Formerly Known as Huntington Mining & Realty World, Ltd., Appellant, v. Cottontail Plaza, Inc., Respondent.

Court of Appeals of the State of New York.

Decided December 1, 1983.


Attorney(s) appearing for the Case

Albert R. Pincus and Michael D. Solomon for appellant.

Andrew J. Connick for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


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...

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