The contract provided, inter alia, that it could be terminated, without notice or explanation, should plaintiff engage in acts that were "materially harmful, or potentially materially harmful, to the business interests or reputation of [defendant] or any of its [a]ffiliates." Whether or not defendant knew of or could prove such a basis at the time it terminated the contract is irrelevant (see Big Apple Car v City of New York,
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ARBOR LEASING, LLC v. BTMU CAPITAL CORPORATION
1803, 603151/06
68 A.D.3d 580 (2009)
2009 NY Slip Op 9400
891 N.Y.S.2d 365
ARBOR LEASING, LLC, Respondent, v. BTMU CAPITAL CORPORATION, Formerly Known as BTM CAPITAL CORPORATION, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 17, 2009.
Decided December 17, 2009.
Appellate Division of the Supreme Court of New York, First Department.
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