Tenavision, Inc. v. Carl H. Neuman

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the plaintiff was not required to tender the televisions because the buyer's anticipatory repudiation relieved the seller of that duty, and that the plaintiff's request for UCC‑1 financing documents did not constitute a breach. The court also affirmed that the three agreements constitute one contract but limited damages to those awarded at trial, and dismissed the remand order as non‑final.