Duke Media Sales, Inc. v. Jakel Corp.

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered May 26, 1994, which, insofar as appealed from, granted partial summary judgment in favor of plaintiff on its first two causes of action for breach of contract and denied defendant’s motion for summary judgment dismissal of said claims, unanimously affirmed, with costs.

Contrary to defendant Jakel’s assertion (which appears to be unpreserved for our review), the fact that plaintiff concededly owes Jakel monies for the October and November, 1989 *238advertising fee installments does not exonerate Jakel from its failure to abide…