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ROCHESTER TEL. MOBILE COMMUNICATIONS, INC. v. AUTO SOUND SYS., INC.

182 A.D.2d 1119 (1992)

Rochester Telephone Mobile Communications, Inc., Appellant, v. Auto Sound Systems, Inc., Respondent

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

April 24, 1992

Order and judgment unanimously reversed on the law with costs, motion denied and cross motion granted.

Memorandum:

Summary judgment was improperly granted to defendant on the main claim, and partial summary judgment should have been granted to plaintiff. In his EBT testimony, defendant's president essentially admitted defendant's breach of several contractual provisions. Foremost among them was the provision precluding...

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