September 21, 2020

Conditions precedent.

A condition precedent is an act or event, other than a lapse of time, which, unless the condition is excused, must occur before there is a duty to perform a promise set forth in the agreement. Here, there is a condition precedent to the formation or existence of the contract itself, so that there is no contract unless and until the condition occurs.

Bedoya v. Rodriguez, NY Slip Op 04910 (2d Dep't September 16, 2020)

Here is the decision.