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APLICATIONS INC. v. HEWLETT PACKARD CO.

No. 77 Civ. 5937 (RLC).

501 F.Supp. 129 (1980)

APLICATIONS INC., Plaintiff, v. HEWLETT-PACKARD CO., Defendant.

United States District Court, S. D. New York.

October 20, 1980.

Attorney(s) appearing for the Case

Rosenberg, Rosenberg & Ehrlich, Garden City, N. Y., for plaintiff; Joseph B. Ehrlich, Garden City, N. Y., of counsel.

Sullivan & Cromwell, New York City, for defendant; Michael A. Cooper and Nadine Strossen, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

Defendant Hewlett-Packard Co. ("H-P") moves for summary judgment on the claims of plaintiff APLications, Inc. ("APLications") for fraudulent misrepresentation, negligent misrepresentation, and breach of warranties, express and implied, and on plaintiff's claim for consequential damages. Judgment is granted on the claim for breach of express and implied warranties, but otherwise denied.

FACTS

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