PEG BANDWIDTH LLC v. OPTICAL COMMUNICATIONS GROUP, INC.

154391/15.

180 A.D.3d 584 (2020)

116 N.Y.S.3d 564

2020 NY Slip Op 01284

PEG Bandwidth LLC, Respondent, v. Optical Communications Group, Inc., Appellant.

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

Decided February 25, 2020.


As the trial court found, the parties entered into the governing Master Services Agreement (MSA) in October 2013, and, by October 2014, defendant was hopelessly in breach, having failed to render any meaningful performance. As provided for in the agreement, plaintiff terminated the agreement on the ground of material default. When the parties met in December 2014, defendant admitted that, even at that late date, it still needed at least 90 to 150 days to finish the work....

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