MAOR v. BLU SAND INTERNATIONAL INC.

Motion No. M-4438.

143 A.D.3d 579 (2016)

2016 NY Slip Op 06887

38 N.Y.S.3d 907

BOAZ MAOR, Respondent, v. BLU SAND INTERNATIONAL INC. et al., Appellants.

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

Decided October 20, 2016.


Defendants demonstrated their entitlement to judgment as a matter of law on plaintiff's breach of contract claim by submitting evidence that, from and after the date of the subject agreement, plaintiff continued to market and sell, for his own benefit, Magic Towels, which pertained to the Invention Assets, without ever obtaining express authorization from defendant Blu Sand International, Inc. Thus, plaintiff's breach of the agreement precluded him from satisfying a necessary...

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