AIR LIQUIDE LARGE INDUSTRIES U.S. LP v. PRAXAIR, INC.


35 A.D.3d 188 (2006)

826 N.Y.S.2d 219

AIR LIQUIDE LARGE INDUSTRIES U.S. LP, Appellant, v. PRAXAIR, INC., Respondent.

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

Decided December 7, 2006.


The motion court correctly concluded that article 16.1 of the argon supply agreement precluded notice of termination until on or after September 1, 2006, and thus, that plaintiff's notice of termination, dated July 26, 2005, was ineffective. In reaching this conclusion, the motion court adopted an interpretation of the disputed provision consistent with ordinary usage and the principle of noscitur a sociis (see Popkin v Security Mut. Ins. Co. of N.Y.,

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