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UNLOADING CORP. v. STATE

132 A.D.2d 543 (1987)

Unloading Corporation, Appellant, v. State of New York, Respondent. (Claim No. 65288.)

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

July 6, 1987

Ordered that the judgment is affirmed insofar as appealed from, with costs.

It is well settled that "[a] promisee may not recover for a broken promise unless he has performed his obligations, usually categorized as a condition precedent", under the contract (McGrath v Hilding, 41 N.Y.2d 625, 629; see, 5 Williston, Contracts § 676 [3d ed]). Here, the claimant failed to establish that it had performed its obligations...

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