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ELECTRONIC DATA SYSTEMS CORPORATION v. XEROX CORPORATION

273 A.D.2d 28 (2000)

709 N.Y.S.2d 46

ELECTRONIC DATA SYSTEMS CORPORATION, Respondent, v. XEROX CORPORATION, Appellant.

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

Decided June 6, 2000.

There was no reason for the IAS Court to address the declaratory judgment cause of action since defendant's motion to dismiss only sought dismissal of plaintiff's three other causes of action. "`[I]t is not uncommon for courts to pass over in silence exceptions not brought to their notice by counsel.'" (Telaro v Telaro, 25 N.Y.2d 433, 438, quoting Cohn v Goldman, 76 N.Y. 284, 287.) In any event, a declaration as to whether...

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