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1625 MARKET CORP. v. 49 FARM MARKET, INC.

7213. 650016/14.

165 A.D.3d 426 (2018)

84 N.Y.S.3d 142

2018 NY Slip Op 06498

1625 Market Corp., Respondent, v. 49 Farm Market, Inc., Appellant.

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

Decided October 2, 2018.

Defendant failed to demonstrate a meritorious defense to the action (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]). The record establishes that defendant elected not to perform under the parties' agreement in advance of the closing date, regardless of whether plaintiff would fulfill its contractual obligations prior to closing.

Defendant's anticipatory repudiation defense is unsupported by...

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