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MELNITZKY v. SOTHEBY PARKE BERNET, INC.

300 A.D.2d 201 (2002)

750 N.Y.S.2d 859

MICHAEL MELNITZKY, Appellant, v. SOTHEBY PARKE BERNET, INC., Respondent. MICHAEL MELNITZKY, Appellant-Respondent, v. SOTHEBY PARKE BERNET, INC., Respondent-Appellant.

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

Decided December 24, 2002.

Plaintiff's cause of action for breach of the alleged agreement pursuant to which defendant engaged plaintiff as its exclusive restorer was properly dismissed. Plaintiff's waiver of his right to sue for the alleged breach was established by plaintiff's deposition testimony, in which he acknowledged that he had been aware over a 10-year period that defendant had used other restorers without his approval, but that he chose not to...

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