Beslow v. Novell, Inc.

Full title: WILLIAM S. BESLOW et al., Appellants, v. NOVELL, INC., Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 30, 1997

242 A.D.2d 501 (N.Y. App. Div. 1997)

662 N.Y.S.2d 498

Opinion

September 30, 1997

Appeal from Supreme Court, New York County (Walter Schackman, J.).

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 be imposed, the program was terminable at will ( see, Warner-Lambert Pharm. Co. v. John J. Reynolds, Inc., 178 F. Supp. 655, 661, affd 280 F.2d 197; Haines v City of New York, 41 N.Y.2d 769, 771-773). Leave to replead was properly denied as the proposed amendment lacks merit.

Concur — Murphy, P.J., Milonas, Wallach, Rubin and Mazzarelli, JJ.