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DUKE MEDIA SALES, INC. v. JAKEL CORP.

215 A.D.2d 237 (1995)

626 N.Y.S.2d 195

Duke Media Sales, Inc., Respondent, v. Jakel Corp., as Successor in Interest to Atrium Multi-Media Corp., Appellant, et al., Defendants

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

May 16, 1995

Contrary to defendant Jakel's assertion (which appears to be unpreserved for our review), the fact that plaintiff concededly owes Jakel monies for the October and November, 1989 advertising fee installments does not exonerate Jakel from its failure to abide by the contract requirement that it assume its predecessor's (Atrium Multi-Media Corp.) agreement with plaintiff, which gave plaintiff the exclusive right to advertising space...

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