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ZAPIN, ENDLICH & LOMBARDO, INC. v. CBS COVERAGE GROUP, INC.

26 A.D.3d 231 (2006)

809 N.Y.S.2d 64

ZAPIN, ENDLICH & LOMBARDO, INC., Appellant, v. CBS COVERAGE GROUP, INC., et al., Respondents.

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

February 16, 2006.

The IAS court properly denied plaintiff's motion for summary judgment on the breach of contract counterclaims asserted by Emek and Metro. Plaintiff's defense to those claims was that Metro itself breached the contract by abandoning it and ceasing all performance in or about October 2000. In an affidavit made on personal knowledge and supported by documentary evidence, Emek, Metro's president, raises a triable issue of fact on the counterclaims by stating that Metro continued...

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