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MARINE MIDLAND BANK v. MIDSTATE LUMBER CO., INC.

79 A.D.2d 783 (1980)

Marine Midland Bank, Appellant, v. Midstate Lumber Co., Inc., Respondent

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

December 18, 1980

On October 1, 1974 the defendant, Midstate Lumber Co., Inc. (Midstate) entered into a rental agreement with Intertel Communications Corporation (Intertel), whereby Midstate agreed to lease telephone equipment from Intertel for a period of eight years at a monthly rental of $68.90. The rental agreement provided, inter alia, that no oral agreements or modifications would be binding and that the lessee was to make all repairs necessary to maintain the equipment. On November...

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