In MHR Capital Partners v. Presstek, 12 N.Y. 3d 640, 884 N.Y.S. 2d 211 (2009), the New York Court of Appeals re-visited the law relating to conditions precedent, on the one hand, and the frustration of the occurrence of the condition, on the other. (Disclosure: My firm represented Presstek.)
In the intervening years, MHR has been regularly and routinely cited by our Courts, almost as “gospel”, on the state of the law on conditions precedent. A few recent New York appellate court examples follow.