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MAR-JON MACH. & TOOL CO., INC. v. EASTMAN KODAK CO.

144 A.D.2d 968 (1988)

Mar-Jon Machine & Tool Co., Inc., Appellant, v. Eastman Kodak Company, Respondent

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

November 15, 1988

Order unanimously modified on the law and as modified, affirmed without costs, in accordance with the following memorandum: We affirm that portion of the order which granted partial summary judgment dismissing the first cause of action. The alleged oral agreement upon which the first cause of action was based was indefinite as to both quantity and price (see, Chiapparelli v Baker, Kellogg & Co., 252 N.Y. 192, 200-201; 21 NY Jur 2d, Contracts, §§...

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