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SINGH v. DATA PALETTE INFORMATION SERVICES, LLC

9320, 301829/11.

103 A.D.3d 534 (2013)

959 N.Y.S.2d 438

2013 NY Slip Op 1166

DEEWAN SINGH et al., Appellants, v. DATA PALETTE INFORMATION SERVICES, LLC, Respondent.

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

February 21, 2013.

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered on or about October 26, 2011, which denied plaintiffs' motion for summary judgment, unanimously affirmed, with costs.

Plaintiffs failed to establish their entitlement to judgment as a matter of law by showing that they either performed under the contract or were excused from doing so (see Harris v Seward Park Hous. Corp., 79 A.D.3d 425 [1st Dept 2010])....

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