CAPITAL MED. SYS., INC. v. FUJI MED. SYS., U.S.A., INC.


239 A.D.2d 743 (1997)

658 N.Y.S.2d 475

Capital Medical Systems, Inc., Appellant-Respondent, v. Fuji Medical Systems, U.S.A., Inc., et al., Respondents-Appellants

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

May 15, 1997


Mikoll, J. P.

Plaintiff is a distributor of medical X-ray products and services in the upstate New York area. Defendant Fuji Medical Systems, U.S.A., Inc. (hereinafter Fuji), formerly known as Pyne Corporation, is the distributor of X-ray film, film processors and alternative imaging and diagnostic systems manufactured by Fuji Photo Film Company, Ltd. of Japan. In 1980, Pyne Corporation agreed with Fuji that plaintiff would be a

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