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PENG v. WILLETS POINT ASPHALT CORP.

2010-04321.

81 A.D.3d 618 (2011)

915 N.Y.S.2d 878

DAVID PENG et al., Appellants, v. WILLETS POINT ASPHALT CORP. et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 24, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court erred in determining that "[t]he doctrine[] known as demand for adequate assurances of future performance" (Norcon Power Partners v Niagara Mohawk Power Corp., 92 N.Y.2d 458, 460 [1998]) is applicable to this matter (id. at 468; Bank of N.Y. v River Terrace Assoc., LLC, 23 A.D.3d 308

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