IBM CREDIT FIN. CORP. v. MAZDA MOTOR MFG. (USA) CORP.


92 N.Y.2d 989 (1998)

706 N.E.2d 1186

684 N.Y.S.2d 162

IBM Credit Financing Corporation, Appellant, v. Mazda Motor Manufacturing (USA) Corporation, Now Known as Autoalliance International, Inc., Respondent.

Court of Appeals of the State of New York.

Decided December 1, 1998.


Attorney(s) appearing for the Case

Cravath, Swaine & Moore, New York City (Evan R. Chesler of counsel), for appellant.

Stroock & Stroock & Lavan, L. L. P., New York City (Thomas Field, Joseph L. Forstadt, James A. Shifren and Steven M. Nachman of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur; Judge BELLACOSA taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

IBM Credit Financing Corporation sued Mazda Motor Manufacturing (USA) Corporation for breach of a sale/leaseback agreement after Mazda Motor failed to close with IBM Credit and instead completed a similar deal with other companies. Mazda Motor counterclaimed, asserting that IBM Credit had anticipatorily...

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