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IDT v. TYCO GROUP, S.A.R.L.

7481.

104 A.D.3d 170 (2012)

957 N.Y.S.2d 309

2012 NY Slip Op 9190

IDT CORP. et al., Appellants, v. TYCO GROUP, S.A.R.L., et al., Respondents.

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

December 27, 2012.

Attorney(s) appearing for the Case

Robins, Kaplan, Miller & Ciresi L.L.P., New York City ( Hillel I. Parness , Richard A. Mescon and Oren D. Langer of counsel), for appellants.

Dewey Pegno & Kramarsky LLP, New York City ( Thomas E.L. Dewey of counsel), for respondents.

TOM, J.P., and ACOSTA, J., concur with CATTERSON, J.; FRIEDMAN, J., concurs in a separate opinion in which FREEDMAN, J., concurs.

OPINION OF THE COURT

CATTERSON, J.

The parties in this breach of contract action have been engaged in a highly contentious business relationship since they agreed to form a joint venture to build a multi-billion dollar undersea fiber-optic telecommunications network almost 15 years ago. Between periods of litigation, the parties have spent the last 12 years unhappily and unsuccessfully negotiating the details of the plaintiffs' usage of such a network. We...

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