Yogurts International, Inc. v. Grand Union Co.

Appellate Division of the Supreme Court of New York

Yogurts International, Inc. v. Grand Union Co.

92 A.D.2d 936, 460 N.Y.S.2d 742, 1983 N.Y. App. Div. LEXIS 17344

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 28, 1983

StatusPublished

Cited by6 cases

This text of 92 A.D.2d 936 (Yogurts International, Inc. v. Grand Union Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Yogurts International, Inc. v. Grand Union Co., 92 A.D.2d 936, 460 N.Y.S.2d 742, 1983 N.Y. App. Div. LEXIS 17344 (N.Y. Ct. App. 1983).

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Opinion

— 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 AD2d 772; see Allied Clove Lakes Co. v Demisay, 74 AD2d 466, 468; Continental Ins. Co. v Kingston Equip. Rental, 59 AD2d 964, 965). Defendant’s supporting papers set forth sufficient information to warrant a trial. Damiani, J. P., Thompson, O’Connor and Niehoff, JJ., concur.

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— 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 AD2d 772; see Allied Clove Lakes Co. v Demisay, 74 AD2d 466, 468; Continental Ins. Co. v Kingston Equip. Rental, 59 AD2d 964, 965). Defendant’s supporting papers set forth sufficient information to warrant a trial. Damiani, J. P., Thompson, O’Connor and Niehoff, JJ., concur.

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Bluebook (online)

92 A.D.2d 936, 460 N.Y.S.2d 742, 1983 N.Y. App. Div. LEXIS 17344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yogurts-international-inc-v-grand-union-co-nyappdiv-1983.

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