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CLIFFSTAR CORP. v. ELMAR INDUS., INC.

254 A.D.2d 723 (1998)

678 N.Y.S.2d 222

Cliffstar Corporation, Respondent-Appellant, v. Elmar Industries, Inc., Appellant-Respondent

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

October 2, 1998

Order unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action to recover damages allegedly resulting from defendant's breach of contract and breach of express and implied warranties in connection with defendant's sale of a remanufactured filler machine to plaintiff for use in plaintiff's production of bottled fruit juices. Defendant moved for summary judgment dismissing the complaint, and...

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