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PACNET NETWORK LTD. v. KDDI CORPORATION

3616, 602182/08.

78 A.D.3d 478 (2010)

912 N.Y.S.2d 178

PACNET NETWORK LTD., Appellant, v. KDDI CORPORATION, Respondent.

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

Decided November 16, 2010.

Plaintiff and defendant entered into a contract pursuant to which defendant designed and constructed a fiber optic submarine cable system in East Asia (the system). Before final acceptance of the system by plaintiff, the parties identified problems with the performance of a critical component selected by defendant, namely, certain laser diodes. Plaintiff alleges that, rather than rescinding the contract or insisting on greater contractual...

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