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MOBILE COMMUNICATIONS PLUS, INC. v. EISNER COMPUTER SOLUTIONS, L. L. C.

286 A.D.2d 670 (2001)

730 N.Y.S.2d 134

MOBILE COMMUNICATIONS PLUS, INC., Appellant, v. EISNER COMPUTER SOLUTIONS, L. L. C., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided September 10, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly concluded that the plaintiff failed to establish, as a matter of law, its entitlement to the return of its downpayment. Issues of fact exist, inter alia, as to whether the plaintiff was aware of and had assented to, the no-cancellation term (see, Williams v Dover Home Improvement, 276 A.D.2d 626; Gniewek v Consolidated...

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