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EXPORTACIONES DEL FUTURO BRANDS, S.A. DE C.V. v. AUTHENTIC BRANDS GROUP, LLC

655626/16. Appeal No. 15064. Case No. 2020-04211.

201 A.D.3d 499 (2022)

156 N.Y.S.3d 857

2022 NY Slip Op 00248

Exportaciones Del Futuro Brands, S.A. De C.V., Appellant, v. Authentic Brands Group, LLC, et al., Respondents, et al., Defendants.

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

Decided January 13, 2022.

Attorney(s) appearing for the Case

Stamell & Schager, LLP, New York (Andrew R. Goldenberg of counsel), for appellant.

Pryor Cashman LLP, New York (Jamie M. Brickell of counsel), for respondents.

Concur—Acosta, P.J., Manzanet-Daniels, González, Mendez, Rodriguez, JJ.

Defendants established prima facie entitlement to summary judgment on liability on their counterclaim. According to the evidence submitted on the motion for summary judgment, defendants terminated the parties' licensing agreement after plaintiff had breached the agreement in February and March 2017 by distributing unapproved or disapproved goods and advertising. The evidence also demonstrated that the two-step approval provisions...

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