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UNIV. OF MINN. v. AGBO

176 Misc.2d 95 (1998)

673 N.Y.S.2d 812

University of Minnesota, Respondent, v. Onah F. Agbo, Appellant.

Supreme Court, Appellate Term, Second Department.

January 28, 1998.

Attorney(s) appearing for the Case

Onah F. Agbo, appellant pro se.

DiPAOLA, P. J., COLLINS and INGRASSIA, JJ., concur.

MEMORANDUM.

Order unanimously affirmed without costs.

The defense of impossibility of performance only excuses the performance of an executory contract (22A NY Jur 2d, Contracts, § 387; Sokoloff v National City Bank, 208 App Div 627, 630, affd 239 N.Y. 158). "It has never been held available for the purpose of unjustly enriching one party at the expense of the other" (Sokoloff v National City...

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