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DODGE v. LYNCH

55 A.D.3d 314 (2008)

865 N.Y.S.2d 60

DENNIS M. DODGE, JR., Individually and as President of JCM VENDING, INC., et al., Respondents, v. WILLIAM LYNCH, Individually and as President of BILLY D's VENDING, INC., et al., Appellants.

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

October 2, 2008.

Plaintiff JCM Vending, Inc. entered into a contract with defendant Billy D's Vending, Inc., dated April 2, 2007, to purchase said defendant's vending machine route—consisting of 31 machines located at the law firm of Simpson Thacher & Bartlett (STB) and 21 additional machines located in various buildings in Manhattan—and a Ford van for the sum of $117,500. Pursuant to the terms of the contract, JCM paid $55,000...

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