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CAPITAL HOLDINGS, INC. v. NYNEX MOBILE COMMUNICATIONS COMPANY

264 A.D.2d 462 (1999)

694 N.Y.S.2d 161

CAPITAL HOLDINGS, INC., Respondent, v. NYNEX MOBILE COMMUNICATIONS COMPANY, Now Known as NEW YORK CELLULAR GEOGRAPHIC SERVICE AREA, INC., Appellant.

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

Decided August 23, 1999.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the cause of action to recover damages pursuant to tariff 3.3.3.A is granted, and the complaint is dismissed in its entirety.

The defendant NYNEX Mobile Communications Company n/k/a New York Cellular Geographic Service Area, Inc. (hereinafter NYCGSA), provided cellular telephone services to the plaintiff Capital Holdings...

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