The following e-filed documents, listed by NYSCEF document number (Motion 006) 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 129, 130 were read on this motion to/for SUMMARY JUDGMENT. DECISION + ORDER ON MOTION In this action seeking damages for breach of contract for the licensing of a television broadcast information software system to a television broadcaster, defendant moves pursuant to CPLR 3212 for summary judgment (i) dismissing the complaint; (ii) granting judgment in its favor on its counterclaims; and (iii) for judgment on its first and third counterclaims, in the total amount of $83,451.00, plus prejudgment and post-judgment statutory interest (NYSCEF Doc. No. 91). Plaintiff opposes the motion, arguing that triable issues of fact preclude summary judgment. The motion is denied. Plaintiff, Wedel Software USA Inc. (“Wedel”), is a software company duly formed and existing under the laws of the State of Delaware and is registered as a foreign corporation in the State of New York that owns and licenses television broadcast information software systems to television broadcasting companies (NYSCEF Doc. Nos. 94 at 1; NYSCEF Doc. No. 95 at 1; Wedel affirmation [NYSCEF Doc No. 124] at 3). Wedel’s software system is a traffic and billing system that does ad trafficking and has been implemented and utilized globally by major broadcast companies for over thirty years (Wedel affirmation at
3-5). Defendant, The Miracle Channel Association (“Miracle Channel”), is a television broadcasting company duly formed and existing under the laws of Canada (NYSCEF Doc. No. 94 at 2; NYSCEF Doc. No. 95 at 2). Wedel and Miracle Channel entered into a license agreement comprised of two contracts, a “License Agreement” and “License Agreement ‘Mediasales Software’” (collectively, ‘License Agreement”) on May 22, 2018, pursuant to which Wedel licensed the use of its Media Sales Traffic software to Miracle Channel (NYSCEF Doc. No. 100 at 3; Wedel affirmation at 6-7). As an add-on, Wedel agreed to Miracle Channel’s request to create a log-generating module suitable for meeting the reporting standards established by the Canadian Radio Television Telecommunications Commission (“CRTC”) (Wedel affirmation at 9). The software was to be fully operational by September 1, 2018 (NYSCEF Doc. No. 95 at 9). Miracle Channel terminated the contract with Wedel on or about July 10, 2020 (NYSCEF Doc. No. 94 at 9; NYSCEF Doc. No. 95 at
