HRL Union Avenue Corp. v. New York City Housing Authority

Order, Supreme Court, New York County (Edward Greenfield, J.), entered January 31, 1995, which granted defendant New York City Housing Authority’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

*487The IAS Court, in granting summary judgment in defendant’s favor, properly determined that defendant did not anticipatorily breach the parties’ contract by advising plaintiff that it would not have the funds necessary to close on April 15, 1987, the closing date projected by plaintiff. The record reveals that plaintiff failed to raise an issue of fact as to a…