Krinos Foods, Inc. v. Vintage Food Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Helen E. Freedman, J.), entered July 11, 2005, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.
*333Plaintiff alleges that its one-year exclusive distributorship agreement with a nonparty foreign supplier of confectionary food products was terminated by the supplier when plaintiff failed to meet the stipulated minimum sales quota, that such failure was caused by defendant’s selling the supplier’s products in plaintiffs exclusive territory, and that pursuant to a trade custom,…
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