VECTOR MEDIA, LLC v. GOLDEN TOUCH TRANSP. OF NY, INC.

653045/18. Appeal No. 12702. Case No. 2019-5941.

189 A.D.3d 654 (2020)

134 N.Y.S.3d 700

2020 NY Slip Op 07733

Vector Media, LLC, Respondent, v. Golden Touch Transportation of NY, Inc., Appellant.

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

Decided December 22, 2020.


Attorney(s) appearing for the Case

Harris Beach PLLC, Uniondale ( William J. Garry of counsel), for appellant.

Olshan Frome & Wolosky, LLP, New York ( Brian A. Katz of counsel), for respondent.

Concur—Friedman, J.P., Renwick, Singh, Kennedy, Shulman, JJ.


"If a promisor himself is the cause of the failure of performance of a condition upon which his own liability depends, he cannot take advantage of the failure" (Amies v Wesnofske, 255 N.Y. 156, 162-163 [1931]; see also Computer Possibilities Unlimited v Mobil Oil Corp., 301 A.D.2d 70, 77 [1st Dept 2002], lv denied 100 N.Y.2d 504 [2003]). Contrary to defendant's assertions, neither agreement provided defendant a unilateral...

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