CENTER GREEN, INC. v. BOEHM

Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint in this action alleging anticipatory breach of a lease agreement. Defendant presented proof establishing that he exercised his unqualified right to terminate the agreement on notice pursuant to an unconditional termination clause ( see, Big Apple Car v. City of New York, 204 A.D.2d 109, 111; Smith Co. v. Chapin Mfg. Works [appeal No. 1], 55 A.D.2d 1023), and plaintiff failed to submit evidence demonstrating the existence of a triable issue of fact. (Appeal from Order of Supreme Court, Oneida County, Tenney, J. — Summary Judgment.)