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TOUCHETTE v. MERCHS. MUT.

76 A.D.2d 7 (1980)

Touchette Corporation et al., Respondents, v. Merchants Mutual Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 10, 1980

Attorney(s) appearing for the Case

Coulter, Fraser, Ames, Bolton, Bird & Ventre (P. David Twichell of counsel), for appellant.

Costello, Cooney & Fearon (Charles E. Cooney, Jr., of counsel), for Touchette Corp., respondent.

Roemer & Featherstonhaugh (E. Guy Roemer of counsel), for CSEA, respondent.

HANCOCK, JR., SCHNEPP, CALLAHAN and MOULE, JJ., concur.

SIMONS, J. P.

Plaintiff Touchette Corporation is in the data processing business. In 1971 it executed a contract with plaintiff Civil Service Employees Association (CSEA) by which it agreed to provide CSEA with such services. Thereafter, in 1975 CSEA sued Touchette for $1,500,000 damages arising allegedly from Touchette's failure to perform the contract, contending that Touchette failed to maintain an accurate...

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