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RBP VENTURES, LTD. v. CONCORD ELECTRONICS, INC.

2062, 103372/08

69 A.D.3d 535 (2010)

895 N.Y.S.2d 36

2010 NY Slip Op 578

RBP VENTURES, LTD., Appellant, v. CONCORD ELECTRONICS, INC., Also Known as KB-SQUARED, INC. and Another, Respondent.

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

Decided January 28, 2010.

Plaintiff failed to preserve its argument that defendant breached the parties' contract by not providing the certificates required by sections 4.24 and 9.08 at the closing (see e.g. Omansky v Whitacre, 55 A.D.3d 373, 374 [2008]; 220-52 Assoc. v Edelman, 18 A.D.3d 313, 315 [2005]).

Even if plaintiff believed that defendant had anticipatorily...

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