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ECHOSTAR SATELLITE L.L.C. v. ESPN, INC.

600282/08, 4984A.

84 A.D.3d 469 (2011)

921 N.Y.S.2d 526

ECHOSTAR SATELLITE L.L.C., Respondent, v. ESPN, INC., et al., Appellants.

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

Decided May 5, 2011.

A review of the complaint, which alleges that defendants refused to provide certain high definition programming to plaintiff despite an express contractual obligation to do so, establishes that it seeks damages for breach of contract. Therefore, a sum of money alone can provide plaintiff with full relief, and the action may be tried by a jury (see Murphy v American Home Prods. Corp., 136 A.D.2d 229, 232 [1988]; compare Phoenix...

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