Cavin Leasing Corp. v. Feders Automotive Service, Inc.

Appellate Division of the Supreme Court of New York

Cavin Leasing Corp. v. Feders Automotive Service, Inc.

203 A.D.2d 507, 612 N.Y.S.2d 931, 1994 N.Y. App. Div. LEXIS 4292

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

DecidedApril 25, 1994

StatusPublished

This text of 203 A.D.2d 507 (Cavin Leasing Corp. v. Feders Automotive Service, Inc.) 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.

Bluebook

Cavin Leasing Corp. v. Feders Automotive Service, Inc., 203 A.D.2d 507, 612 N.Y.S.2d 931, 1994 N.Y. App. Div. LEXIS 4292 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In an action to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Werner, J.), dated March 30, 1992, as, after a nonjury trial, dismissed the complaint. The plaintiff’s notice of appeal from a decision of the same court, dated March 5, 1992, is deemed a premature notice of appeal from the order (see, CPLR 5520 [c]).

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The parties entered into a lease whereby the defendant rented computer equipment and software for the purpose of creating documents which included calculations specific to the [508]*508defendant’s automotive service company. When the software failed to perform properly, the defendant ceased making payments.

The findings of the Supreme Court, including its finding that the defendant did not obtain from the plaintiff what the plaintiff had contracted to provide, are amply supported by the record. The plaintiff’s remaining contentions are either unpreserved for appellate review or without merit. Bracken, J. P., O’Brien, Pizzuto and Altman, JJ., concur.

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—In an action to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Werner, J.), dated March 30, 1992, as, after a nonjury trial, dismissed the complaint. The plaintiff’s notice of appeal from a decision of the same court, dated March 5, 1992, is deemed a premature notice of appeal from the order (see, CPLR 5520 [c]).

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The parties entered into a lease whereby the defendant rented computer equipment and software for the purpose of creating documents which included calculations specific to the [508]*508defendant’s automotive service company. When the software failed to perform properly, the defendant ceased making payments.

The findings of the Supreme Court, including its finding that the defendant did not obtain from the plaintiff what the plaintiff had contracted to provide, are amply supported by the record. The plaintiff’s remaining contentions are either unpreserved for appellate review or without merit. Bracken, J. P., O’Brien, Pizzuto and Altman, JJ., concur.

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Bluebook (online)

203 A.D.2d 507, 612 N.Y.S.2d 931, 1994 N.Y. App. Div. LEXIS 4292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cavin-leasing-corp-v-feders-automotive-service-inc-nyappdiv-1994.