YONKERS AVENUE DODGE, INC. v. BZ RESULTS, LLC

Nos. 7787, 309545/08.

95 A.D.3d 774 (2012)

945 N.Y.S.2d 280

2012 NY Slip Op 4214

YONKERS AVENUE DODGE, INC., Respondent, v. BZ RESULTS, LLC, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 31, 2012.


Plaintiff, owner and operator of a car dealership, and defendant, a digital market consultant firm, entered into an agreement under which defendant agreed to create for the dealership a website and digital marketing system. The agreement was for a term of 36 months, during which plaintiff would pay a monthly fee.

The court erred in denying defendant's motion seeking summary judgment dismissing plaintiff's claim of breach of contract. Defendant provided a copy of the...

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