ENCOTECH, INC. v. COTTON FACT, INC.


280 A.D.2d 748 (2001)

720 N.Y.S.2d 267

ENCOTECH, INC., Appellant, v. COTTON FACT, INC., et al., Respondents.

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

Decided February 1, 2001.


Lahtinen, J.

Plaintiff entered into a "Seminar Use Agreement" with defendant Cotton Fact, Inc., and its principal, Kenneth C. Cotton (hereinafter Cotton), in November 1992. The agreement had a "commencement date" in the future to be determined by Cotton's inability or unwillingness to conduct the "K.C. Cotton Steam Turbine Performance Seminar." Plaintiff, in consideration of the payment of certain royalties, received, inter alia, the sole and exclusive right...

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