PERLSTEIN v. RECKSON OPERATING

ORDERED that the order is affirmed insofar as appealed from, with costs.

In opposition to the defendants' prima facie demonstration of entitlement to judgment as a matter of law dismissing the plaintiffs' cause of action alleging breach of a lease, the plaintiffs failed to raise a triable issue of fact that they either terminated the lease or materially changed their position in reliance on the defendants' anticipatory repudiation of the same before the repudiation was retracted (see De Forest Radio Tel. Tel. Co. v. Triangle Radio Supply Co., 243 N.Y. 283, 292; Restatement [Second] of Contracts § 256[1]; Harley v. Miller, 295 A.D.2d 401; Mattes v. C.R. Bard, Inc., 295 A.D.2d 324; GCDM Ironworks v. GJF Constr. Corp., 292 A.D.2d 495). Thus, the Supreme Court properly denied the plaintiffs' motion and granted that branch of the defendants' cross motion which was for summary judgment dismissing the plaintiffs' first cause of action alleging breach of the lease.

RITTER, J.P., FEUERSTEIN, FRIEDMANN and LUCIANO, JJ., concur.