Ordered that the order is affirmed insofar as appealed from, with costs.
In 1995 the defendant toy retailer and the Bank of New York (Delaware) (hereinafter BNYD) entered into a Cobranded Credit Card Agreement (hereinafter the Cobranded Agreement) pursuant to which BNYD began issuing Visa credit cards bearing the defendant's logo. The Cobranded Agreement was assigned in 1997 to Chase Manhattan Bank USA, N.A. (hereinafter Chase), the entity that the defendant seeks...
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