1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 161 A.D.3d
  5. 161 A.D.3d 426 (2018)
 

MPEG LA, L.L.C. v. TOSHIBA AM. INFO. SYS., INC.

6457, 162716/15.

161 A.D.3d 426 (2018)

77 N.Y.S.3d 16

2018 NY Slip Op 03210

MPEG LA, L.L.C., Appellant, v. Toshiba America Information Systems, Inc., Defendant, and Toshiba Corp., Respondent.

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

Decided May 3, 2018.

The claim that Toshiba under-reported and underpaid royalties under the parties' license agreement was correctly dismissed because plaintiff failed to comply with the agreement's audit provision, a condition precedent to suit (see e.g. Rio Algom v Sammi Steel Co., 168 A.D.2d 250 [1st Dept 1990], lv denied 78 N.Y.2d 853 [1991]).

Plaintiff's contention that Toshiba did not comply with a certification requirement contained...

Let's get started

Leagle.com

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.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases