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FELDMANN v. SCEPTER GROUP, PTE. LTD.

650440/2018.

185 A.D.3d 449 (2020)

128 N.Y.S.3d 13

2020 NY Slip Op 03855

Matthew Feldmann, Respondent, v. Scepter Group, Pte. Ltd., et al., Appellants.

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

Decided July 9, 2020.

Plaintiff and defendants signed a settlement agreement that provided for defendants to make five monthly installment payments to plaintiff. After defendants only made one payment, plaintiff commenced this action and moved for summary judgment.

"A material breach is a failure to do something that is so fundamental to a contract that the failure to perform that obligation defeats the essential purpose of the contract" (

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