DUANE READE v. CARDTRONICS, LP,


54 A.D.3d 137 (2008)

863 N.Y.S.2d 14

DUANE READE, INC., Appellant, v. CARDTRONICS, LP, Respondent.

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

August 5, 2008.


Attorney(s) appearing for the Case

Kasowitz, Benson, Torres & Friedman LLP, New York City (Daniel P. Goldberg and Zachary W. Mazin of counsel), for appellant.

Vinson & Elkins L.L.P., New York City (Steven Paradise and Michael S. Davi of counsel), for respondent.

FRIEDMAN, J.P., WILLIAMS and CATTERSON, JJ., concur.


OPINION OF THE COURT

ACOSTA, J.

The issue in this case is the meaning of the parties' ATM placement agreement, which provides the particulars of compensation by defendant, an ATM company, to plaintiff, a drugstore chain, upon "branding" the ATMs with a major bank (JPMorgan Chase) and changing the previous payment structure such that Chase customers would not be required to pay a surcharge fee. We hold that the language of the agreement is ambiguous, and...

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