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Kevin O'Sullivan

O'Sullivan & Zacchea Obtains approx $850,000.00 Decision In Breach of Contract Case


Kevin O'Sullivan a founding partner of the law firm obtained an award of approximately $850,000.00 for Brooklyn based real estate Developer Two Trees Development in a breach of contract action brought against Clear Channel Outdoor Inc. in Kings County Supreme Court.


The action centered upon two commercial leases entered into by Two Trees and Clear Channel Outdoor which gave Clear Channel Outdoor exclusive use of four rooftop billboards owned by Two Trees which faced the Manhattan Bridge in the DUMBO section of Brooklyn.


Shortly after the City of New York began to aggressively enforce its outdoor advertising sign regulations in March of 2010 Clear Channel Outdoor notified Two Trees that they were terminating the leases which were not set to expire until May of 2020.

The leases required that before rightfully terminating them Clear Channel Outdoor was required to use "Best Efforts" to have the signs legalized for usage as "outdoor advertising signs".


The lawsuit was commenced in 2014 and after a lengthy and in-depth discovery process which included numerous depositions and a review of thousands of pages of documentary evidence. Mr. O'Sullivan on behalf of his client was able to obtain a decision prior to trial via a Summary Judgment Motion by arguing that Clear Channel Outdoor did not in fact utilize best efforts before they terminated the leases and were therefore in breach of contract. Two Trees was awarded approximately $850,000.00 in damages resulting from the unauthorized breach of contract by Clear Channel Outdoor who is currently appealing the decision. The case citation is 55 Washington Street L.L.C. and Brooklake Associates L.L.C vs. Clear Channel Outdoor, Inc.,7926/2014.


Kevin O'Sullivan represents individuals and companies in a variety of commercial litigation matters such as partnership disputes, breach of contract matters, fraud, theft of service, as well as an array of real estate related matters . If you have an issue relating to your business that you feel requires legal representation please feel free to contact Mr. O'Sullivan at kosullivan@ozatlaw.com or call (718) 713-3499.

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