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Lynn K. Neuner and William T. Russell Jr.

We note that Judge Paul Feinman was sworn in as an Associate Judge of the Court of Appeals on Oct. 18, 2017, bringing the court back up to full strength—although we also note that he took no part in the case we discuss in this month’s column. On October 19, the court issued its opinion in Princes Point v. Muss Development and ruled that the filing of a suit to rescind or reform a contact did not under the circumstances constitute an anticipatory breach of that contract. This was a case closely watched by the real estate industry in New York as the lower court decisions found that a real estate purchaser’s rescission action did constitute an anticipatory breach and, accordingly, created potential issues for prospective buyers who had a good faith basis for seeking to rescind a sale agreement but were concerned about preserving their rights.

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