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PRINCES LLC v. MUSS DEV LLC

No. 92.

30 N.Y.3d 127 (2017)

87 N.E.3d 121

65 N.Y.S.3d 89

2017 NY Slip Op 07298

PRINCES POINT LLC, a New York Limited Liability Company, Appellant, v. MUSS DEVELOPMENT L.L.C. et al., Respondents, et al., Defendant.

Court of Appeals of New York.

Decided October 19, 2017.

Attorney(s) appearing for the Case

Rosenberg Calica & Birney LLP, Garden City ( John S. Ciulla , Judah Serfaty and Ryan J. McMahon of counsel), for appellant.

Herrick, Feinstein LLP, New York City ( Scott E. Mollen , Darlene Fairman and Adam J. Stein of counsel), for respondents.

Chief Judge DIFIORE and Judges RIVERA, STEIN, GARCIA and WILSON concur; Judge FEINMAN taking no part.

OPINION OF THE COURT

This appeal presents the question whether the mere commencement of an action seeking "rescission and/or reformation" of a contract constitutes an anticipatory breach of such agreement. Under the circumstances of this case, we conclude that it does not. We...

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