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SUNDIAL ASPHALT CORP. v. V.P.C. INVESTORS CORP.

173 A.D.2d 463 (1991)

Sundial Asphalt Corp., Appellant, v. V.P.C. Investors Corp. et al., Respondents

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

May 6, 1991

Ordered that the order is affirmed, with costs.

The parties to this action entered into a contract whereby the defendant, V.P.C. Investors Corp. (hereinafter VPC) was granted an option to purchase certain property belonging to the plaintiff, Sundial Asphalt Corp. (hereinafter Sundial). The contract contained a provision whereby VPC, prior to exercising this option, had the "right" to purchase from Sundial all of its asphalt needs. This provision also stated that VPC...

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