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SKY TOP FARMS, INC. v. BILINSKI SAUSAGE MFG. CO., INC.

2796, 310246/08

73 A.D.3d 538 (2010)

904 N.Y.S.2d 2

SKY TOP FARMS, INC., Appellant, v. BILINSKI SAUSAGE MFG. CO., INC., Respondent.

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

Decided May 13, 2010.

Dismissal of the complaint based upon the documentary evidence was appropriate, where the termination clause of the parties' contract allowed defendant to terminate the contract due to plaintiff's failure to purchase meat products from it for four consecutive time periods (see e.g. Daeun Corp. v A&L 444 LLC, 62 A.D.3d 479 [2009]), and plaintiff's claims that defendant acted in bad faith are contradicted by the evidence....

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