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Daily Archives: Wednesday, January 15, 2020

Posted: January 15, 2020

Plaintiffs’ Obligation to Perform Not Excused by Defendant’s Alleged Non-Material Breaches of Agreement

On December 24, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Aktiv Assets LLC v. Centerbridge Partners, L.P., 2019 NY Slip Op. 33736(U), holding that a plaintiff’s obligation to perform was not excused by the defendant’s alleged non-material breach of the agreement, explaining: Even if the agreements were viewed... Read more »