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BROADBAND COMMUNICATIONS INC. v. HOME BOX OFFICE, INC.

157 A.D.2d 479 (1990)

Broadband Communications Incorporated, Appellant, v. Home Box Office, Inc., Respondent

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

January 9, 1990

In this action for breach of a licensing agreement, defendant alleges a prior breach by plaintiff, and the issue is whether such alleged prior breach entitled defendant to repudiate the agreement. Plaintiff sought to depose defendant's present chief executive officer (Fuchs) concerning his involvement in the negotiation of the agreement and decision to terminate it notwithstanding plaintiff's offers to cure, but Fuchs, in an affidavit...

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