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LOEWS CORP v. SPERRY CORP

86 A.D.2d 221 (1982)

Loews Corporation et al., Respondents, v. Sperry Corporation, Appellant, et al., Defendant

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

April 29, 1982

Attorney(s) appearing for the Case

Yvette Harmon of counsel (Mitchell L. Marinello with her on the brief; Windels, Marx, Davies & Ives, attorneys), for appellant.

Steven Finell of counsel (Andrew C. Gold with him on the brief; David & Finell, attorneys), for respondents.

KUPFERMAN, J. P., CARRO, MARKEWICH and MILONAS, JJ., concur.

LYNCH, J.

This action arose when plaintiff Loews Corp. purchased for its Bulova subsidiary a computer software system that never functioned. It was manufactured by defendant Sperry and sold through its distributor, defendant Leskin. From the complaint and supporting papers, it appears that Sperry had had several meetings with Loews and Bulova which culminated in the purchase when Sperry represented that its system would meet Bulova's requirements and...

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