If the promisor himself is the cause of the failure of performance of a condition on which his own liability depends, he cannot take advantage of the failure. The doctrine applies unless the parties contract around it, such as by including clear language allowing termination of the contract for any reason or at any time. Here, contrary to defendant's assertions, neither agreement provided defendant a unilateral right to terminate the contract. Instead, termination is clearly conditioned on defendant's right to operate being terminated by a third party, not itself, and no contractual language suggests the unqualified right defendant claims. The Appellate Division determined that the court providently granted plaintiff summary judgment on the breach of contract claim.
Vector Media, LLC v. Golden Touch Transp. of NY, Inc., NY Slip Op 07733 (1st Dep't December 22, 2020)
