BYKOWSKY v. ESKENAZI


2 A.D.3d 115 (2003)

769 N.Y.S.2d 216

JOHN BYKOWSKY et al., Appellants-Respondents, v. IRVING ESKENAZI et al., Respondents-Appellants, et al., Defendants.

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

December 2, 2003.


In a decision that the moving defendants never appealed, and which this appeal from Justice Ramos' nonfinal order does not bring up for review, Supreme Court (Karla Moskowitz, J.), found that those defendants anticipatorily breached the parties' Stock Purchase Agreement. However, since there is no evidence that plaintiffs materially changed their position before June 5, 1997, defendants' letter of that date, in which they offered to perform under the contract, effectively...

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