Duane Reade, Inc. v. Cardtronics, LP
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Acosta, J.
The issue in this case is the meaning of the parties’ ATM placement agreement, which provides the particulars of compensation by defendant, an ATM company, to plaintiff, a drugstore chain, upon “branding” the ATMs with a major bank (JPMorgan Chase) and changing the previous payment structure such that Chase customers would not be required to pay a surcharge fee. We hold that the language of the agreement is ambiguous, and we therefore remand for trial.
In 1999, American Express Travel Related Services Company (Amexco) entered into a contract with plaintiff for the…
2Cases cited14 opinions
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
- Kass v. KassNew York Court of Appeals · 1998
- Sutton v. East River Savings BankNew York Court of Appeals · 1982
- William C. Atwater & Co. v. Panama RailroadNew York Court of Appeals · 1927
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3Cited by50 opinions
- Kreg Therapeutics, Inc. v. Vitalgo, Inc.Court of Appeals for the Seventh Circuit · 2019
- Greenwich Capital Financial Products, Inc. v. NegrinAppellate Division of the Supreme Court of the State of New York · 2010
- LaSonde v. SeabrookAppellate Division of the Supreme Court of the State of New York · 2011
- In Re Universal Service Fund Telephone BillingCourt of Appeals for the Tenth Circuit · 2010
- Dreisinger v. TeglasiAppellate Division of the Supreme Court of the State of New York · 2015
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