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HRL UNION AVE. CORP. v. NEW YORK CITY HOUS. AUTH.

223 A.D.2d 486 (1996)

636 N.Y.S.2d 792

HRL Union Avenue Corporation, Appellant, v. New York City Housing Authority, Respondent

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

January 25, 1996

The IAS Court, in granting summary judgment in defendant's favor, properly determined that defendant did not anticipatorily breach the parties' contract by advising plaintiff that it would not have the funds necessary to close on April 15, 1987, the closing date projected by plaintiff. The record reveals that plaintiff failed to raise an issue of fact as to a clear and unequivocal intention by defendant not to perform or to abandon...

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