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MWI MARKENWERBUNG INT'L GESCHAFTSLEITUNG v. PERMA SHARP MFG. CORP.

51 A.D.2d 520 (1976)

MWI Markenwerbung International Geschaftsleitung, Appellant-Respondent, v. Perma Sharp Manufacturing Corp., Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 20, 1976

We agree with Special Term that there are issues of fact which must await trial resolution, among them, the validity of the agreement purporting to give the German court jurisdiction over the defendant. Additionally, there is a triable issue whether plaintiff breached the terms of the stipulation of July 19, 1973, whereby it agreed to take no action in the German court until the resolution of its motion to discontinue a New York action then pending between the parties. Defendant...

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