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BREMBO S.P.A. v. T.A.W. PERFORMANCE LLC

Index No. 654931/17. Appeal No. 14243. Case No. 2020-04540.

197 A.D.3d 1062 (2021)

154 N.Y.S.3d 51

2021 NY Slip Op 05162

Brembo S.P.A., Respondent, v. T.A.W. Performance LLC, Appellant.

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

Decided September 30, 2021.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, White Plains ( Robert A. Spolzino of counsel), for appellant.

Herzfeld & Rubin, P.C., New York ( Miriam Skolnik of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Oing, Rodriguez, Higgitt, JJ.

The motion court properly granted summary judgment as to liability on plaintiff's causes of action for breach of contract and specific performance, as plaintiff submitted its exclusive distribution agreement with defendant, evidence of plaintiff's performance, defendant's acknowledged nonpayment of various invoices under the agreement, and defendant's failure to return plaintiff's unsold goods following termination of the agreement (see Valenti v Going Grain, Inc.,

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