H.P.S. CAPITOL, INC. v. MOBIL OIL CORP.


186 A.D.2d 98 (1992)

H.P.S. Capitol, Inc., Appellant, v. Mobil Oil Corporation, Respondent

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

September 29, 1992


The IAS Court, in denying plaintiff summary judgment as to liability on the first cause of action, did not err in determining that the underlying action was barred by the shortened 12 month limitation period mutually agreed upon by the parties in their Retail Dealer Agreement.

Initially, the affidavit of defendant's counsel in opposition to plaintiff's cross-motion for summary judgment may serve as the vehicle for submission of acceptable evidentiary proof in admissible...

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