IBM Credit Financing Corp. v. Mazda Motor Manufacturing (USA) Corp.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

IBM Credit Financing Corporation sued Mazda Motor Manufacturing (USA) Corporation for breach of a sale/ leaseback agreement after Mazda Motor failed to close with IBM Credit and instead completed a similar deal with other companies. Mazda Motor counterclaimed, asserting that IBM Credit had anticipatorily breached their agreement.

Although calculation of the rent Mazda Motor would have paid under the agreement did include possible changes in the tax law, the courts below found that IBM Credit’s…