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Center Green, Inc. v. Boehm

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1998
247 A.D.2d 869 (N.Y. App. Div. 1998)

Opinion

February 4, 1998

Present — Green, J.P., Lawton, Wisner, Callahan and Balio, JJ.


Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint in this action alleging anticipatory breach of a lease agreement. Defendant presented proof establishing that he exercised his unqualified right to terminate the agreement on notice pursuant to an unconditional termination clause ( see, Big Apple Car v. City of New York, 204 A.D.2d 109, 111; Smith Co. v. Chapin Mfg. Works [appeal No. 1], 55 A.D.2d 1023), and plaintiff failed to submit evidence demonstrating the existence of a triable issue of fact. (Appeal from Order of Supreme Court, Oneida County, Tenney, J. — Summary Judgment.)


Summaries of

Center Green, Inc. v. Boehm

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1998
247 A.D.2d 869 (N.Y. App. Div. 1998)
Case details for

Center Green, Inc. v. Boehm

Case Details

Full title:CENTER GREEN, INC., Appellant, v. FRANK H. BOEHM, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 4, 1998

Citations

247 A.D.2d 869 (N.Y. App. Div. 1998)
668 N.Y.S.2d 521

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