| MPEG LA, LLC v Audiovox Elecs. Corp. |
| 2011 NY Slip Op 04435 [84 AD3d 1189] |
| May 24, 2011 |
| Appellate Division, Second Department |
| MPEG LA, LLC, Respondent, v Audiovox ElectronicsCorporation, Appellant, et al., Defendant. |
—[*1] Sullivan & Cromwell, LLP, New York, N.Y. (Garrard R. Beeney and Adam R. Brebner ofcounsel), for respondent.
In an action, inter alia, to recover damages for breach of contract, the defendant AudiovoxElectronics Corporation appeals from an order of the Supreme Court, Suffolk County (Pines, J.),dated January 5, 2010, which denied its motion for summary judgment dismissing the first andsecond causes of action.
Ordered that the order is affirmed, with costs.
Under the circumstances of this case, the defendant Audiovox Electronics Corporation(hereinafter the defendant) failed to meet its prima facie burden of demonstrating its entitlementto judgment as a matter of law on the first and second causes of action, which allege breach ofcontract (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985];McMahan v McMahan, 66 AD3d 970, 970-971 [2009]). Since the defendant failed tomeet its prima facie burden, we need not consider the sufficiency of the plaintiff's oppositionpapers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d at 853).
Accordingly, the Supreme Court properly denied the defendant's motion for summaryjudgment dismissing the first and second causes of action. Mastro, J.P., Hall, Lott and Cohen, JJ.,concur.