Associated Textile Rental Services, Inc. v. Xerox Corp.

Appellate Division of the Supreme Court of New York

Associated Textile Rental Services, Inc. v. Xerox Corp.

2 A.D.3d 1301, 768 N.Y.S.2d 896, 2003 N.Y. App. Div. LEXIS 14161

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 31, 2003

StatusPublished

Cited by1 cases

This text of 2 A.D.3d 1301 (Associated Textile Rental Services, Inc. v. Xerox Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Associated Textile Rental Services, Inc. v. Xerox Corp., 2 A.D.3d 1301, 768 N.Y.S.2d 896, 2003 N.Y. App. Div. LEXIS 14161 (N.Y. Ct. App. 2003).

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Opinion

— Appeal from an order of Supreme Court, Monroe County (Stander, J.), entered November 6, 2002, which denied plaintiffs motion for summary judgment, granted defendant’s cross motion for summary judgment and dismissed the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated at Supreme Court, Monroe County (Stander, J.). We add only that we do not address plaintiffs contention that defendant breached the implied covenant of good faith and fair dealing because that contention is raised for the first time on appeal (see Commercial Tenant Servs, v First Union Natl. Bank, 305 AD2d 210, 211 [2003]; Merchants Bank of N.Y. v Stahl, 269 AD2d 236 [2000]). Present —Pine, J.P., Wisner, Hurlbutt, Gorski and Lawton, JJ.

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— Appeal from an order of Supreme Court, Monroe County (Stander, J.), entered November 6, 2002, which denied plaintiffs motion for summary judgment, granted defendant’s cross motion for summary judgment and dismissed the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated at Supreme Court, Monroe County (Stander, J.). We add only that we do not address plaintiffs contention that defendant breached the implied covenant of good faith and fair dealing because that contention is raised for the first time on appeal (see Commercial Tenant Servs, v First Union Natl. Bank, 305 AD2d 210, 211 [2003]; Merchants Bank of N.Y. v Stahl, 269 AD2d 236 [2000]). Present —Pine, J.P., Wisner, Hurlbutt, Gorski and Lawton, JJ.

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2 A.D.3d 1301, 768 N.Y.S.2d 896, 2003 N.Y. App. Div. LEXIS 14161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/associated-textile-rental-services-inc-v-xerox-corp-nyappdiv-2003.

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