Legal Opinion
Discovision Associates v. Fuji Photo Film Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 2010PublishedCited by 5 opinions
1Opinion of the Court
*489Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered September 23, 2009, which, in an action for breach of contract, denied plaintiffs motion for partial summary judgment, unanimously affirmed, with costs.
A contract is ambiguous if it is “susceptible to more than one reasonable interpretation” (Evans v Famous Music Corp., 1 NY3d 452, 458 [2004]), and while, in an appropriate case, summary judgment may be granted even if a contract is ambiguous (see e.g. Hudson-Port Ewen Assoc. v Chien Kuo, 165 AD2d 301, 303 [1991], affd 78 NY2d 944 [1991]), this is not such a case.…
2Cases cited6 opinions
- Sutton v. East River Savings BankNew York Court of Appeals · 1982
- Evans v. Famous Music Corp.New York Court of Appeals · 2004
- Hudson-Port Ewen Associates, L.P. v. KuoNew York Court of Appeals · 1991
- Hudson-Port Ewen Associates, L.P. v. Chien KuoAppellate Division of the Supreme Court of the State of New York · 1991
- Cibro Petroleum Products, Inc. v. Sohio Alaska Petroleum Co.District Court, N.D. New York · 1985
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3Cited by5 opinions
- 239 East 115th Street HDFC v. OlunkunleAppellate Terms of the Supreme Court of New York · 2010
- Dow Corning Trust v. Claimants' Advisory CommitteeCourt of Appeals for the Sixth Circuit · 2010
- Dow Corning Trust v. Claimants' Advisory CommitteeCourt of Appeals for the Sixth Circuit · 2010
- Roy Brown v. Chipotle Services, LLCMissouri Court of Appeals · 2022
- Vitac Corp. v. Thomson Reuters (Marketing) LLCAppellate Division of the Supreme Court of the State of New York · 2019