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OORAH, INC. v. COVISTA COMMUNICATIONS, INC.

1073, 652316/11.

139 A.D.3d 444 (2016)

30 N.Y.S.3d 626

2016 NY Slip Op 03591

OORAH, INC., Doing Business as CUCUMBER COMMUNICATIONS, Appellant, v. COVISTA COMMUNICATIONS, INC., Defendant, and BIRCH TELECOM, INC., Doing Business as BIRCH COMMUNICATIONS, Respondent.

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

Decided May 5, 2016.

In 2004, plaintiff entered into an agreement with defendant Covista Communications, Inc., whereby Covista was supposed to pay it commissions. By a contract dated November 30, 2012, and in a transaction that closed in March 2013, Birch Communications, Inc. purchased certain assets of Covista and related companies for $4 million.* In the instant action, plaintiff seeks to hold Birch liable as Covista...

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