In a December 14, 2011 decision by Justice Fried, the court denied the defendant’s motion to dismiss the complaint which alleged anticipatory breach of contract. Taking the plaintiff’s allegations as true for purposes of a motion to dismiss, the court found that allegations that the defendant persistently refused to make payments owed to the plaintiff unless the plaintiff agreed to take on obligations beyond those set forth in the parties’ agreements demonstrated a positive and unequivocal repudiation of the defendant’s obligations, and therefore satisfied the pleading requirements to state a claim for anticipatory breach.
Israel Cancer Research Fund, Inc. v Harvey & Gloria Kaylie Found., Inc., Sup Ct NY County, December 14, 2011, Fried, J, Index No. 651993/2010