Anticipatory Breach as a Cause of Action in New York

Anticipatory Breach

“An anticipatory breach of contract by a promisor is a repudiation of [a] contractual duty before the time fixed in the contract for … performance has arrived” (10-54 Corbin on Contracts § 54.1 [2017]; see 13 Williston on Contracts § 39:37 [4th ed.]). An anticipatory breach of a contract-also known as an anticipatory repudiation-“can be either a statement by the obligor to the obligee indicating that the obligor will commit a breach that would of itself give the obligee a claim for damages for total breach or a voluntary affirmative act which renders the obligor unable or apparently unable to perform without such a breach” . . . . Princes Point LLC v. Muss Dev. L.L.C, 30 N.Y.3d 127, 133, (2017).” Audthan LLC v. Nick & Duke, LLC, 2022 N.Y. Slip Op. 30546 (N.Y. Sup. Ct. 2022).