Home/New York Court of Appeals/Farm Stores, Inc. v. School Feeding Corp.

Farm Stores, Inc. v. School Feeding Corp.

423 N.E.2d 56, 53 N.Y.2d 910, 440 N.Y.S.2d 633, 1981 N.Y. LEXIS 2465
New York Court of Appeals·Decided May 12, 1981·Published·Cited by 8 cases

Opinion

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. We agree with the Appellate Division that plaintiff was entitled to recover a monthly service charge on the balance due and owing to plaintiff for goods sold and delivered in accordance with the express agreement of the parties. Furthermore, we cannot say that the court abused its discretion as a matter of law in permitting plaintiff to discontinue its second cause of action without prejudice.

*912 Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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Farm Stores, Inc. v. School Feeding Corp., 423 N.E.2d 56, 53 N.Y.2d 910, 440 N.Y.S.2d 633, 1981 N.Y. LEXIS 2465 (N.Y. 1981).

423 N.E.2d 56 (Farm Stores, Inc. v. School Feeding Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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