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MPEG LA, LLC v. AUDIOVOX ELECTRONICS CORPORATION

2010-02282.

84 A.D.3d 1189 (2011)

923 N.Y.S.2d 861

MPEG LA, LLC, Respondent, v. AUDIOVOX ELECTRONICS CORPORATION, Appellant, et al., Defendant.

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

Decided May 24, 2011.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the defendant Audiovox Electronics Corporation (hereinafter the defendant) failed to meet its prima facie burden of demonstrating its entitlement to judgment as a matter of law on the first and second causes of action, which allege breach of contract (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]; McMahan v McMahan...

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