MHR Capital Partners LP v. Presstek, Inc.

Summary

The New York Court of Appeals affirmed the Appellate Division’s dismissal of MHR Capital Partners’ breach‑of‑contract claim, holding that the escrow agreement created an express condition precedent—Key Bank’s execution of the consent form—whose non‑performance discharged Presstek’s duty to close the stock purchase. The court also found no factual issue that Presstek interfered with Key Bank’s execution, so the dismissal stands.