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United States Second Circuit


Schlessinger v. Valspar Corporation, 11-4430

Dismissal of plaintiff's complaint alleging a cause of action for violating New York General Business Law section 395-a, which governs termination of maintenance agreements, is affirmed, where the New York Court of Appeals has responded to the certified questions as follows: 1) General Business Law section 395-a does not make contract clauses that contradict its terms null and void; and 2) violation of section 395-a alone does not give rise to a cause of action under General Business Law section 349.

Appellate Information

  • Decided 07/24/2013
  • Published 07/24/2013

Judges

  • PER CURIAM

Court

  • United States Second Circuit

Counsel

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