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VIACOM OUTDOOR, INC. v. WIXON JEWELERS, INC.

4622, 111352/05.

82 A.D.3d 604 (2011)

919 N.Y.S.2d 151

VIACOM OUTDOOR, INC., Appellant, v. WIXON JEWELERS, INC., Respondent.

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

Decided March 24, 2011.

Plaintiff's failure to provide a working tri-vision billboard constituted a material breach of the parties' contracts; thus, defendant was excused from performing its contractual payment obligations (NAS Elecs., Inc. v Transtech Elecs. PTE Ltd., 262 F.Supp.2d 134, 145 [SD NY 2003]). Plaintiff's unequivocal statement that it was going to convert the tri-vision billboard to a standard billboard, making clear that it did...

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