OORAH, INC. v. COVISTA COMMUNICATIONS, INC.

652316/11, 3761, 3760.

149 A.D.3d 552 (2017)

2017 NY Slip Op 02944

52 N.Y.S.3d 347

OORAH, INC., Doing Business as CUCUMBER COMMUNICATIONS, Appellant, v. COVISTA COMMUNICATIONS, INC., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 18, 2017.


Defendant counterclaimed for breach of the provision of the parties' "Reseller Agreement" that required plaintiff, as reseller of defendant's telecommunications services, to purchase a minimum amount of services from defendant each month or pay for the shortfall. Contrary to the motion court's determination, we conclude that the Reseller Agreement, executed in 2001, was superseded by the parties' 2004 "Independent Authorized Master Agent Agreement" (Agent Agreement), which...

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