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FRESH DIRECT, LLC v. BLUE MARTINI SOFTWARE, INC.

7 A.D.3d 487 (2004)

776 N.Y.S.2d 301

FRESH DIRECT, LLC, Respondent, v. BLUE MARTINI SOFTWARE, INC., Appellant.

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

May 3, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff purchased computer software and related services from the defendant pursuant to a software license and services agreement (hereinafter the contract). The plaintiff commenced this action after the software allegedly failed to perform as promised. The defendant moved pursuant to CPLR 3211 (a) (7) to dismiss the complaint. The Supreme Court, inter alia, denied those branches of the...

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