Marine Midland Bank v. Midstate Lumber Co.

Appeal from an order of the County Court of Rensselaer County, entered September 27, 1979, which denied plaintiff’s motion for summary judgment. On October 1, 1974 the defendant, Mid-state Lumber Co., Inc. (Midstate) entered into a rental agreement with Intertel Communications Corporation (Intertel), whereby Midstate agreed to lease telephone equipment from Intertel for a period of eight years.-at a monthly rental of $68.90. The rental agreement provided, «ter alia, that no .pral agreements or modifications would be binding and that the lessee was to make all repairs necessary to maintain the…