Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff, American Food & Vending Corp. (AFV), purchased the assets of ARA Services, Inc. (ARA). ARA had a contract with defendant, International Business Machines Corporation (IBM), to provide vending services to IBM's facilities in the Southern Tier region of New York State from June 1, 1994 through May 31, 1996. The agreement permitted either party...
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