Allbrand Discount Liquors, Inc. v. Times Square Stores Corp.

In an action by a lessee to recover damages for anticipatory breach of a commercial lease, the defendant appeals from (1) a judgment of the Supreme Court, Nassau County, entered March 16, 1977, which is in favor of plaintiff and against it, after a nonjury trial, and (2) an order of the same court, dated June 1, 1977, which denied its motion, inter alia, to vacate the judgment. Judgment and order affirmed, with one bill of costs to cover both appeals. The trial court’s finding that the lessor anticipatorily breached its lease when it told the lessee that it "could not live” with the lease as…