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BAUSCH & LOMB INC. v. SONOMED TECHNOLOGY, INC.

No. CV 87-4011 (ADS).

780 F.Supp. 943 (1992)

BAUSCH & LOMB INCORPORATED, Plaintiff, v. SONOMED TECHNOLOGY, INC., Louis Katz and Bernard Bressler, Defendants.

United States District Court, E.D. New York.

January 3, 1992.

Attorney(s) appearing for the Case

Sacks Montgomery, P.C. (Harry P. Sacks, Jeffrey A. Aronson, Christopher L. Gallinari, of counsel), New York City, for plaintiff.

Bressler, Amery & Rothenberg (Bernard Bressler, David J. Olesker, David A. Miller, of counsel), New York City, for defendants.

OPINION AND ORDER

SPATT, District Judge.

This case is based on an exclusive distributorship contract involving the manufacture, distribution and sale of ophthalmic diagnostic instruments. During the term of the agreement the distributor claimed a breach of the contract by the manufacturer and then attempted to waive that claim. Among the issues in this interesting contract case is whether the original claim of a breach and the subsequent waiver was pursued...

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