MONITRONICS INTL., INC. v. NORTHSTAR ALARM SERVS., LLC

Index No. 654792/17. Appeal No. 14434-14434A. Case Nos. 2020-04186, 2020-04188.

198 A.D.3d 537 (2021)

152 N.Y.S.3d 822

2021 NY Slip Op 05779

Monitronics International, Inc., Respondent-Appellant, v. Northstar Alarm Services, LLC, Appellant-Respondent.

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

Decided October 21, 2021.


Attorney(s) appearing for the Case

Hoguet Newman Regal & Kenney, LLP, New York ( Damian R. Cavaleri of counsel), and Ray, Quinney & Nebeker P.C., Salt Lake City, UT ( Matthew N. Evans , of the bar of the State of Utah, admitted pro hac vice, of counsel), for appellant-respondent.

Rosenfeld & Kaplan, LLP, New York ( Nicole E. Meyer of counsel), and Shook, Hardy & Bacon LLP, Kansas City, MO ( David Brenton Dwerlkotte , of the bar of the State of Missouri, admitted proc hac vice, of counsel), for respondent-appellant.

Concur—Acosta, P.J., Manzanet-Daniels, Kern, Oing, Kennedy, JJ.


The first counterclaim alleges that plaintiff breached the parties' agreement by imposing a "cost recovery fee" on its customer contracts. However, defendant failed to identify any provision of the agreement that prohibited plaintiff from doing so. The second counterclaim alleges breach of the implied covenant of good faith and fair dealing under the agreement. However, the imposition of the fee did not work to prevent performance of the contract or withhold its benefits...

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