Aldous PLLC Secures Pre-Discovery Summary Judgment on Plaintiff’s Behalf


Aldous PLLC recently secured summary judgment on behalf of its client, plaintiff in an action captioned Access.1 Communications Corp.-NY d/b/a WWRL-1600am Radio v. Invite Health, Inc. (Sup. Ct., N.Y. Cnty. Index No. 653828/2014).  Only a couple of days following oral argument, newly minted Justice Barry R. Ostrager issued a decision and order, dated and entered on December 11, 2015, granting pre-discovery summary judgment on plaintiff’s claims for breach of contract, for an account stated and quantum meruit, related to certain radio advertisements aired by plaintiff in November and December 2013.

On December 13, 2013, plaintiff had informed defendant that, due to a change in the formatting of its radio broadcasts from English to Spanish language, plaintiff was exercising its contractual right to cancel its agreement with defendant, upon two weeks’ prior written notice.  Thereafter, defendant refused to pay plaintiff’s then-outstanding invoices, citing certain purported claims against plaintiff arising from the allegedly wrongful cancellation.

In granting plaintiff’s pre-discovery motion for summary judgment, Justice Ostrager implicitly rejected defendant’s argument that its counterclaim – with an alleged quantum of damages far in excess of the total amount owed under the unpaid invoices – precluded summary disposition of plaintiff’s claims.

In his decision and order, Justice Ostrager awarded plaintiff contractual damages, together with prejudgment interest under CPLR §§ 5001 and 5004.

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Aldous PLLC is a law firm located in mid-town Manhattan and Westchester, New York, dedicated to providing quality and cost-effective legal services to its clients.  The Firm provides trusted advice and legal strategy to international companies and select individuals, facing issues with legal, financial and reputational ramifications.  Aldous PLLC’s founding member, Kenneth E. Aldous, is an experienced lawyer, qualified to practice in both the U.S. and UK, who has represented a broad range of diverse interests in complex litigation before various federal and state courts, as well as in domestic and international arbitration.

With the right experience, an unwavering dedication to client needs, and a strong commitment to quality – not to mention a strategic network of outside legal professionals in a variety of specializations and geographic locations – Aldous PLLC offers its clients an attractive alternative.  Whatever your legal needs, Aldous PLLC is well situated to help you and your business find your way through a complex and fast-paced world.

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Kenneth E. Aldous
Attorney at Law
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New York, New York 10017

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