University of Minnesota v. Agbo

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

*96The defense of impossibility of performance only excuses the performance of an executory contract (22A NY Jur 2d, Contracts, § 387; Sokoloff v National City Bank, 208 App Div 627, 630, affd 239 NY 158). “It has never been held available for the purpose of unjustly enriching one party at the expense of the other” (Sokoloff v National City Bank, supra, at 630). It is uncontroverted that plaintiff provided defendant with funds in the amount of $4,500, in connection with its international student program, on the following…