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CALIP DAIRIES, INC. v. PENN STATION NEWS CORPORATION

262 A.D.2d 193 (1999)

695 N.Y.S.2d 70

CALIP DAIRIES, INC., Appellant, v. PENN STATION NEWS CORPORATION, Doing Business as PENN STATION BOOK STORE, et al., Respondents.

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

Decided June 22, 1999.

The IAS Court properly dismissed plaintiff's cause of action for specific performance since the clear and unambiguous terms of the parties' agreement only required defendant Penn News to sell plaintiff's ice cream products exclusively after the equipment loaned to it by plaintiff was fully paid for (see, W.W.W. Assocs. v Giancontieri, 77 N.Y.2d 157, 162). For the same reasons, the court correctly denied plaintiff's request for a...

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