Brainstorms Internet Marketing, Inc. v. USA Networks, Inc.

Appellate Division of the Supreme Court of New York

Brainstorms Internet Marketing, Inc. v. USA Networks, Inc.

30 A.D.3d 171, 815 N.Y.S.2d 458

Procedural entryThis page is a short order in Brainstorms Internet Marketing, Inc. v. USA Networks, Inc.. Read the opinion of the Court — 6 A.D.3d 318 →

Appellate Division of the Supreme Court of the State of New York·Decided June 1, 2006·Published

Opinion

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered January 9, 2006, which denied plaintiffs’ motion for partial summary judgment, unanimously affirmed, with costs.

The subject option agreement is clear and unambiguous in requiring that defendant purchaser exercise the option “by delivering written notice thereof’ to plaintiff seller. However, the e-mail that plaintiffs claim was an exercise of the option does not state that defendant was therein exercising the option. As the e-mail does not strictly comply with the terms of the option agreement, it cannot be said as a matter of law that defendant exercised the option (see Tauber v Bankers Trust Co., 230 AD2d 312, 319 [1997], lv dismissed 91 NY2d 887 [1998]). Concur—Mazzarelli, J.E, Andrias, Saxe, Williams and Malone, JJ.

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Order, Supreme Court, New York County (Charles E. Ramos, J.), entered January 9, 2006, which denied plaintiffs’ motion for partial summary judgment, unanimously affirmed, with costs.

The subject option agreement is clear and unambiguous in requiring that defendant purchaser exercise the option “by delivering written notice thereof’ to plaintiff seller. However, the e-mail that plaintiffs claim was an exercise of the option does not state that defendant was therein exercising the option. As the e-mail does not strictly comply with the terms of the option agreement, it cannot be said as a matter of law that defendant exercised the option (see Tauber v Bankers Trust Co., 230 AD2d 312, 319 [1997], lv dismissed 91 NY2d 887 [1998]). Concur—Mazzarelli, J.E, Andrias, Saxe, Williams and Malone, JJ.

Brainstorms Internet Marketing, Inc. v. USA Networks, Inc., 30 A.D.3d 171, 815 N.Y.S.2d 458 (N.Y. Ct. App. 2006).

Pincite

30 A.D.3d 171 (Brainstorms Internet Marketing, Inc. v. USA Networks, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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