Appellate Division of the Supreme Court of the State of New York April 12, 2012 (Red-Kap Sales, Inc. v. Northern Lights Energy Products, Inc.)

Peters, P.J.

Appeal from an order of the Supreme Court (Drago, J.), entered January 13, 2011 in Schenectady County, which denied plaintiffs motion for summary judgment.

In December 2005, plaintiff and defendant Northern Lights Energy Products, Inc. entered into an agreement pursuant to which plaintiff would be the exclusive provider of gasoline to Northern Lights. Defendant Terry D.