considering the language of the Financing Agreement, the court will also dismiss Northwest’s counterclaim for breach of contract. The Financing Agreement is a contract in which Northwest, as the lender, agrees to loan money to Trace for the construction of Channel 45. The Financing Agreement expressly states that as a condition precedent to performance, Weiss had to obtain his partners’ signatures on the Pledge Agreement. The Financing Agreement also expressly states that as a condition precedent to performance, Weiss needed to obtain a duly executed Local Marketing Agreement. These requirements are clearly described in terms of conditions and not in terms of promises. See Merritt Hill Vineyards, Inc. v. Windy Heights Vineyard, Inc., 94 A.D.2d 947, 948, 463 N.Y.S.2d 960 (N.Y.1983) (<HOLDING>). This is a key distinction. The assertion that
holding that rcras notice provision is a condition precedent to all claims holding that a condition was precedent to performance because the contract language did not explicitly state that it was precedent to formation holding there was sufficient evidence for a jury to conclude that the defendant did not intend to perform when the promise was made holding that a party was not entitled to damages when an agreement clearly designated a provision as a condition precedent and not a promise to perform holding the trial court may determine issue of condition precedent to enforcement of agreement to arbitrate