Defendant argues that plaintiff failed to comply with a notice requirement in the parties' agreements for the licensing of plaintiff's software that amounted to a condition precedent to the triggering of defendant's obligation under the agreements.
We find, contrary to the motion court, that the provisions on which defendant relies do not establish a condition precedent. One provision requires notice, given by plaintiff, upon the completion of installation of the...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.