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AMER BROAD. v. WOLF

76 A.D.2d 162 (1980)

American Broadcasting Companies, Inc., Appellant, v. Warner Wolf et al., Respondents

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

July 10, 1980

Attorney(s) appearing for the Case

Philip R. Forlenza of counsel (Laura V. Jones and Philip R. Hoffman with him on the brief; Hawkins, Delafield & Wood, attorneys), for appellant.

Ivan Shefferman for Warner Wolf, respondent.

Robert M. Callagy of counsel (Satterlee & Stephens, attorneys), for CBS Inc., respondent.

FEIN and CARRO, JJ., concur with SULLIVAN, J.; KUPFERMAN, J., concurs in the result in an opinion; MURPHY, P. J., dissents in an opinion.

SULLIVAN, J.

At issue is whether, at the instigation of CBS, Warner Wolf, a sportscaster, breached the good faith negotiation and first refusal provisions of his contract with ABC and, if so, whether ABC is entitled to equitable relief. Contrary to Trial Term's finding, we hold that Wolf did indeed breach his contract, although we also conclude that the grant of equitable relief is not warranted.

Wolf...

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