Allied Chemical Corp. v. Alpha Portland Industries, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed, without costs. Memorandum: Both parties appeal from a denial of their motions for partial summary judgment. Plaintiff seeks an order declaring that the contract between the parties has terminated, while defendant requests a declaration that the contract continues in full force and effect. Special Term determined that factual questions exist concerning both the intent of the parties as to the meaning of the terms of the contract and also whether the parties modified the contract by their conduct subsequent to its execution. In 1921 plaintiff’s predecessor in…
2Cases cited11 opinions
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Laba v. CareyNew York Court of Appeals · 1971
- West, Weir & Bartel, Inc. v. Mary Carter Paint Co.New York Court of Appeals · 1969
- Eskimo Pie Corporation v. Whitelawn Dairies, Inc.District Court, S.D. New York · 1968
- Martin v. PeytonNew York Court of Appeals · 1927
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wells Fargo Bank, N.A. v. Wrights Mill Holdings, LLCDistrict Court, S.D. New York · 2015
- Mazzola v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1988
- Prospero Associates, a Colorado General Partnership v. Burroughs CorporationCourt of Appeals for the Tenth Circuit · 1983
- Estate of Frances Hatch v. NYCO Minerals, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Stroll v. EpsteinDistrict Court, S.D. New York · 1993
10 more not listed; retrieve them via the Exa API.