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MHR CAPITAL v. PRESSTEK, INC.

12 N.Y.3d 640 (2009)

MHR CAPITAL PARTNERS LP et al., Appellants, v. PRESSTEK, INC., Respondent, et al., Defendant.

Court of Appeals of New York.

Decided June 24, 2009.

Attorney(s) appearing for the Case

Kasowitz, Benson, Torres & Friedman LLP, New York City (Michael M. Fay, David S. Rosner, Michael P. Bowen and Kim Conroy of counsel), for appellants.

Hartman & Craven LLP, New York City (Victor M. Metsch and Colleen D. Dalton of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

In this breach of contract action, we conclude that defendant's obligation to perform under a stock purchase agreement did not arise because an express condition precedent was not fulfilled. We therefore affirm the order of the Appellate Division so holding.

In 2003, defendant Presstek, Inc. and its wholly owned subsidiary, defendant Silver Acquisitions Corp., entered...

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