Alberts v. CSTV Networks, Inc.

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered March 9, 2011, which granted defendant broadcasting network’s motion for summary judgment dismissing the complaint for breach of contract, unanimously affirmed, without costs.

The motion court correctly concluded that plaintiff materially breached his contract with defendant by accepting the position of athletics director at the University of Nebraska-Omaha, while still under contract with defendant. The agreement between the parties plainly contemplated that plaintiff would be available to defendant on a full-time basis for…