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RUBIN & SONS v. CLAY EQUIP.

184 A.D.2d 168 (1992)

Harry Rubin & Sons, Inc., Appellant, v. Clay Equipment Corporation, Respondent

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

December 17, 1992

Attorney(s) appearing for the Case

Bellcourt & Bartlett, Cobleskill (George R. Bartlett, III, of counsel), for appellant.

Hancock & Estabrook, Syracuse (Janet D. Callahan of counsel), for respondent.

MIKOLL, J. P., MAHONEY and CASEY, JJ., concur with HARVEY, J.; LEVINE, J., concurs in part and dissents in part in a separate opinion.

HARVEY, J.

In the early 1970's, plaintiff, a retail dealer of farm equipment, entered into an oral agreement with defendant pursuant to which plaintiff was to sell and service defendant's equipment and to carry defendant's repair parts in its store. This arrangement apparently proceeded smoothly for some time until 1989, when plaintiff's president decided that the store would go out of business. At that time...

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