Belgium v. Mateo Productions, Inc.

I agree with the majority that Supreme Court properly denied the motion of defendant Kon Live Touring (KLT) for summary judgment dismissing plaintiff’s breach of contract claim against it. I also agree with the majority that the court properly considered plaintiff’s untimely cross motion for summary judgment on that claim since it addressed the same issue that KLT addressed in its motion, namely, whether the artist known as Akon was unable to perform due to sickness, and therefore relieved of liability by the contract’s force majeure clause. However, I disagree with the majority insofar as it…