RBP Ventures, Ltd. v. Concord Electronics, Inc.

Flaintiff failed to preserve its argument that defendant *536breached the parties’ contract by not providing the certificates required by sections 4.24 and 9.08 at the closing (see e.g. Omansky v Whitacre, 55 AD3d 373, 374 [2008]; 220-52 Assoc. v Edelman, 18 AD3d 313, 315 [2005]).

Even if plaintiff believed that defendant had anticipatorily breached the contract, it was still required “to show that it was ready and able to perform its own contractual undertakings on the closing date, in order to secure specific performance” (Huntington Min. Holdings v Cottontail Plaza, 60 NY2d 997, 998 [1983]).…