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AVAIL SHIPPING, INC. v. DHL EXPRESS (USA), INC.

12919, 600112/09.

119 A.D.3d 433 (2014)

990 N.Y.S.2d 172

2014 NY Slip Op 5041

AVAIL SHIPPING, INC., et al., Plaintiffs, and BHUPINDER GREWAL, Doing Business as UNITED SHIPPING SOLUTIONS, et al., Respondents, et al., Plaintiffs-Intervenors, v. DHL EXPRESS (USA), INC., Appellant.

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

Decided July 3, 2014.

Order, Supreme Court, New York County (Eileen Bransten, J.), entered August 21, 2013, which denied defendant's motion for summary judgment dismissing the first cause of action for breach of contract, unanimously affirmed, without costs.

Defendant, a global shipping company that sells its services to "resellers" that negotiate shipping rates with it and then resell the shipping services to their customers at higher rates, entered into a Reseller Agreement with USS...

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