Beslow v. Novell, Inc.

Order, Supreme Court, New York County (Walter Schackman, J.), entered July 12, 1996, which dismissed the complaint for failure to state a cause of action, unanimously affirmed, with costs.

We agree with the motion court that the documents relied upon by plaintiffs, including defendant’s License Agreement, evidence only the existence of a free customer support program, not a contract to provide such a service perpetually, and, as the duration of the program cannot be fairly and reasonably supplied by implication, and as the program was one for services on which a reasonable time duration cannot…