ABS Partnership v. AirTran Airways, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
The question presented on this appeal is whether the parties’ contract is ambiguous on the question of how to determine the “Delivery Date” for purposes of defendant’s right to cancel orders. We find the contract to be clear on its face, and therefore affirm the grant of summary judgment to plaintiff.
Plaintiff ABS sells aircraft noise reduction equipment known as “hushkits,” which are designed to bring DC-9 aircraft into compliance with federal noise pollution regulations. Defendant AirTran Airways, Inc., successor in interest to Valujet Airlines, Inc., is a…
2Cases cited6 opinions
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
- Neri v. Retail Marine Corp.New York Court of Appeals · 1972
- Unisys Corp. v. Hercules Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- PNC Capital Recovery v. Mechanical Parking Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Weisberger v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1997
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