Legal Opinion
Yogurts International, Inc. v. Grand Union Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 28, 1983PublishedCited by 6 opinions
1Opinion of the Court
— 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…
2Cases cited3 opinions
- Allied Clove Lakes Co. v. DemisayAppellate Division of the Supreme Court of the State of New York · 1980
- Continental Insurance v. Kingston Equipment Rental, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Schluter v. WolfsonAppellate Division of the Supreme Court of the State of New York · 1970
3Cited by6 opinions
- River Park Associates v. Meyerbank Electric Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Lerer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Brook Shopping Centers, Inc. v. Allied Stores General Real Estate Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Clark v. Taylor Wine Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Farahzad v. Monometrics Corp.Appellate Division of the Supreme Court of the State of New York · 1986
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