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STORERUNNER NETWORK, INC. v. CBS CORPORATION

8 A.D.3d 127 (2004)

779 N.Y.S.2d 45

STORERUNNER NETWORK, INC., Appellant, v. CBS CORPORATION et al., Respondents. (And Another Action.)

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

June 17, 2004.

The evidence conclusively established that, contrary to plaintiff's contention, defendants made sufficient efforts to sell advertising on plaintiff's Web site and provided incentives, motivation and encouragement to its sales force to sell said advertising in satisfaction of its contractual obligations. We note in this connection that the provision of the contract upon which plaintiff relies did not set forth objective criteria against...

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