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ACS State & Local Solutions, Inc. v. Citicorp Electronic Financial Services, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 2, 2004
5 A.D.3d 105 (N.Y. App. Div. 2004)

Opinion

3011, 3011A.

Decided March 2, 2004.

Orders, Supreme Court, New York County (Charles Ramos, J.), entered January 6, 2003 and August 12, 2003, respectively, which, to the extent appealable, inter alia, granted defendant's motions for summary judgment, declaring that defendant's termination of the subject contracts with plaintiff was valid and otherwise dismissing the complaint, and denied plaintiff's motion for renewal, unanimously affirmed, without costs.

Gregory P. Joseph, for Plaintiff-Appellant.

William J. Hibsher, for Defendant-Respondent.

Before: Buckley, P.J., Mazzarelli, Saxe, Ellerin, Marlow, JJ.


The motion court properly concluded that the intention of the parties was fully determinable from the language of the subject agreements ( see Kass v. Kass, 91 N.Y.2d 554, 566; Elletson v. Bonded Insulation Co., 272 A.D.2d 825, 827) and that defendant's termination of those agreements was accomplished in accordance with the agreements' unambiguous terms.

Plaintiff's motion for renewal was properly denied inasmuch as the purportedly new facts upon which it was premised would not have warranted a change in the prior determination ( see CPLR 2221[e][2]).

We have considered plaintiff's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

ACS State & Local Solutions, Inc. v. Citicorp Electronic Financial Services, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 2, 2004
5 A.D.3d 105 (N.Y. App. Div. 2004)
Case details for

ACS State & Local Solutions, Inc. v. Citicorp Electronic Financial Services, Inc.

Case Details

Full title:ACS STATE LOCAL SOLUTIONS, INC., Plaintiff-Appellant, v. CITICORP…

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

Date published: Mar 2, 2004

Citations

5 A.D.3d 105 (N.Y. App. Div. 2004)
771 N.Y.S.2d 898

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