CPS GROUP, INC. v. GASTRO ENTERPRISES, CORP.


54 A.D.3d 800 (2008)

863 N.Y.S.2d 764

CPS GROUP, INC., Doing Business as CYNERGY DATA, Appellant, v. GASTRO ENTERPRISES, CORP., Doing Business as LA VALENTINA RESTAURANT, Respondent.

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

September 16, 2008.


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

The plaintiff is engaged in the business of marketing and selling credit card services to merchants. The defendant, which is in the restaurant business in the state of Florida, allegedly entered into an agreement with the plaintiff pursuant to which the plaintiff agreed to process credit card payments on the defendant's behalf. After a representative...

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