14th St. Med., P.C. v. Epstein

1 Citing case

  1. Prod. Res. Grp. v. Crean

    2022 N.Y. Slip Op. 32184 (N.Y. Sup. Ct. 2022)

    If a party materially breaches a contract, the non-breaching party must either elect to terminate the contract and sue for damages, or continue it (Awards.com, LLC v Kinko's, Inc., 42 A.D.3d 178,188 [1st Dept 2007]; 14th Street Medical v Epstein, 192 A.D.3d 495 [1st Dept 2021]). If a party chooses to continue the contract, it loses its right to later terminate the agreement and claim default (Awards 42 A.D.3d at 188/ Here, PRG elected to continue its agreement with AA, by continuing to correspond with AA and request performance of the agreement's terms.