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Yogurts International, Inc. v. Grand Union Co.

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1983
92 A.D.2d 936 (N.Y. App. Div. 1983)

Opinion

March 28, 1983


In an action to recover damages for breach of contract, defendant appeals from an order of the Supreme Court, Nassau County (Vitale, J.), dated August 17, 1982, which granted plaintiff's motion for partial summary judgment and directed an assessment of damages. Order reversed, with $50 costs and disbursements, and motion denied. Special Term erred in granting plaintiff's motion for partial summary judgment. The contract is ambiguous and subject to differing interpretations. Thus, there is a triable issue of fact concerning the intention of the parties ( Schluter v. Wolfson, 34 A.D.2d 772; see Allied Clove Lakes Co. v. Demisay, 74 A.D.2d 466, 468; Continental Ins. Co. v Kingston Equip. Rental, 59 A.D.2d 964, 965). Defendant's supporting papers set forth sufficient information to warrant a trial. Damiani, J.P., Thompson, O'Connor and Niehoff, JJ., concur.


Summaries of

Yogurts International, Inc. v. Grand Union Co.

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1983
92 A.D.2d 936 (N.Y. App. Div. 1983)
Case details for

Yogurts International, Inc. v. Grand Union Co.

Case Details

Full title:YOGURTS INTERNATIONAL, INC., Respondent, v. GRAND UNION COMPANY, Appellant

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

Date published: Mar 28, 1983

Citations

92 A.D.2d 936 (N.Y. App. Div. 1983)