STO CORP. v. HENRIETTA BLDG. SUPPLIES, INC.


202 A.D.2d 969 (1994)

609 N.Y.S.2d 746

Sto Corporation, Respondent, v. Henrietta Building Supplies, Inc., Appellant

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

March 11, 1994


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted partial summary judgment to plaintiff dismissing defendant's first and third counterclaims. The undisputed proof establishes that the parties were unable to agree on terms governing the duration and termination of defendant's distributorship. The hopes, beliefs and expectations of defendant's President that the distributorship would continue for at least three years are no substitute...

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