FORTUNE LIMOUSINE SERVICE, INC. v. NEXTEL COMMUNICATIONS


35 A.D.3d 350 (2006)

826 N.Y.S.2d 392

FORTUNE LIMOUSINE SERVICE, INC., Respondent, v. NEXTEL COMMUNICATIONS et al., Defendants, and UNISTAR LEASING et al., Appellants.

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

Decided December 5, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion which were for summary judgment dismissing the first, second, and third causes of action are granted.

On November 7, 1995, the plaintiff Fortune Limousine, Inc. (hereinafter Fortune), and the defendants Nextel Communications and related companies (hereinafter Nextel), entered into a contract under which Nextel agreed to provide digital mobile communications...

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