PATRICK, M.D. v. WHELAN AND CURRY CONSTRUCTION SERVICES, INC.


303 A.D.2d 974 (2003)

755 N.Y.S.2d 912

WILLIAM G. PATRICK, M.D., Appellant, v. WHELAN AND CURRY CONSTRUCTION SERVICES, INC., Respondent.

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

Decided March 21, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court, Onondaga County (Stone, J.). We add only that plaintiff's "insistence on an untenable interpretation of a key contractual provision * * * constituted an anticipatory breach of the contract" (IBM Credit Fin. Corp. v Mazda Motor

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