ABSOLUTE DIRECTION, INC. v. ANDERSON


201 A.D.2d 256 (1994)

607 N.Y.S.2d 25

Absolute Direction, Inc., Respondent, v. Sam Anderson et al., Professionally Known as Domani, Appellants

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

February 1, 1994


We find that since all of the breaches of the instant Management Agreement alleged by defendants would clearly constitute breaches of the specific terms of said Agreement, if proven, paragraph 14 of the Agreement required defendants to serve plaintiff with written notice of said breaches and an opportunity to cure said breaches. Since defendants failed to so serve plaintiff, plaintiff was entitled to summary judgment on the issue of liability. Defendants also claim that even...

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