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CAPITAL MEDICAL SYSTEMS, INC. v. FUJI MEDICAL SYSTEMS, U.S.A., INC.

270 A.D.2d 728 (2000)

705 N.Y.S.2d 122

CAPITAL MEDICAL SYSTEMS, INC., Appellant, v. FUJI MEDICAL SYSTEMS, U.S.A., INC., Respondent.

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

Decided March 23, 2000.

Mercure, J.

Defendant is the exclusive United States distributor of X-ray film and film processors manufactured by Fuji Photo Film Company, Ltd. of Japan. From 1980 through 1989, plaintiff served as a Fuji subdistributor and commission agent in upstate New York. Although making no express provision for exclusivity, the parties' 1985 distributorship agreement reserved unto defendant the right, upon notice to plaintiff, to make direct sales of Fuji products within plaintiff...

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