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10681. HISPANIC INDEPENDENT TELEVISION SALES, LLC, NOW KNOWN AS HISPANIC MEDIA WORKS, plf-ap, v. UNA VEZ MAS, LP, def-res — Blank Rome LLP, New York (Michael A. Rowe of counsel), for ap — Zukerman Gore Brandeis & Crossman, L.L.P., New York (John K. Crossman of counsel), for res — Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered June 7, 2012, which, in this action to collect on accounts receivable purchased in an underlying bankruptcy proceeding, insofar as appealed from as limited by the briefs, denied plaintiff’s motion to dismiss defendant’s fourth affirmative defense for recoupment, unanimously affirmed, with costs.

Nonparties Interep National Radio Sales, Inc. and Azteca America Television Sales, Inc. (collectively Interep) entered into a National Television Sales Representation Agreement (Sales Agreement) with defendant television station. Under the agreement, Interep was to sell television spots and advertising time on behalf of defendant, in exchange for a commission based on the amount of revenue from the sales. While it is undisputed that Interep sold television spots and advertising time for defendant, defendant alleged that Interep breached various provisions of the Sales Agreement. After defendant terminated the agreement, Interep filed for bankruptcy.

 
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