Tokayer v. Seetin Design, Inc.

*227Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered May 25, 2005, which denied plaintiffs’ motion for partial summary judgment, unanimously affirmed, with costs.

Inasmuch as the record presents a triable issue as to whether plaintiffs repudiated the contract sued upon, plaintiffs were not entitled to summary judgment upon their cause of action for breach of contract (see Tenavision, Inc. v Neuman, 45 NY2d 145, 150 [1978]; Gardiner Intl., Inc. v J.W. Townsend & Assoc., Inc., 13 AD3d 246 [2004]; cf. Key Bank of N.Y. v K.H. Assoc., 210 AD2d 769 [1994]). Nor were plaintiffs…