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ELITE PROMOTIONAL MARKETING, INC. v. STUMACHER

8 A.D.3d 525 (2004)

779 N.Y.S.2d 528

ELITE PROMOTIONAL MARKETING, INC., et al., Respondents, v. JAN STUMACHER et al., Defendants, and RHINA INTERNATIONAL DIRECT, INC., Appellant. (Action No. 1.) RHINA INTERNATIONAL DIRECT, INC., Appellant, v. HOWARD HOROWITZ et al., Respondents. (Action No. 2.)

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

June 21, 2004.

Ordered that the judgment is affirmed, with costs.

Credit Card Promotions, Inc. (hereinafter CCP), commenced action No. 1 to collect fees for services related to an agreement (hereinafter the GTE contract) with Rhina International Direct, Inc. (hereinafter Rhina), whereby CCP agreed to solicit credit card applications. The applications were solicited for nonparty GTE Credit Card Services, Inc. (hereinafter GTE), a credit card company which retained Rhina to conduct...

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