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JACOBS PRIVATE EQUITY, LLC v. 450 PARK LLC

22 A.D.3d 347 (2005)

803 N.Y.S.2d 14

JACOBS PRIVATE EQUITY, LLC, Appellant, v. 450 PARK LLC, Respondent.

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

October 18, 2005.

The amended complaint fails to state a viable cause of action for repudiation/anticipatory breach of contract because it contains no allegation of a definite and final communication by defendant landlord of its intention to forgo its obligations under the lease (see Rachmani Corp. v. 9 E. 96th St. Apt. Corp., 211 A.D.2d 262, 266-267 [1995]); plaintiff tenant does not allege that defendant landlord definitively refused all future...

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