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STELLMACK AIR CONDITIONING & REFRIGERATION CORPORATION v. CONTRACTORS MANAGEMENT SYSTEMS OF NH, INC.

293 A.D.2d 956 (2002)

740 N.Y.S.2d 535

STELLMACK AIR CONDITIONING & REFRIGERATION CORPORATION, Appellant, v. CONTRACTORS MANAGEMENT SYSTEMS OF NH, INC., Respondent.

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

Decided April 25, 2002.

Peters, J.P.

In October 1998, plaintiff, a New York corporation, ordered a computer software program from defendant, a New Hampshire corporation, for commercial use. After receiving training on the use of the program, plaintiff consummated its purchase in January 1999 by executing a licensing agreement. As here relevant, the agreement included the following limited liability provision: "In no event, whether based in contract or tort (including negligence) shall [defendant...

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