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F. MacCORMACK AGENCY v. SULLIVAN SYS. CORP.

237 A.D.2d 406 (1997)

656 N.Y.S.2d 879

F. MacCormack Agency, Respondent-Appellant, v. Sullivan Systems Corporation, Appellant-Respondent

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

March 17, 1997

Ordered that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

On June 23, 1988, the parties entered into a written agreement whereby the defendant sold and licensed to the plaintiff certain computer hardware and software for use in the plaintiff's business. The software licensing provision in the agreement provided, inter alia, that the plaintiff could seek a refund, for any reason, within 30 days after the...

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