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ICON MOTORS, INC. v. EMPIRE STATE DATSUN, INC.

178 A.D.2d 463 (1991)

Icon Motors, Inc., Respondent, v. Empire State Datsun, Inc., et al., Appellants

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

December 9, 1991

Ordered that the judgment is affirmed, with costs.

Under an agreement to purchase an automobile dealership, the plaintiff purchaser was required to make "submissions" to Nissan Motor Sales in USA (hereinafter Nissan) within 30 days after the execution of the agreement in order to obtain Nissan's approval for the purchase within 60 days. Nissan was then to furnish confirmation that such submissions were made. The contract stated: "[f]ailure to furnish such confirmation...

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