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S & S MEDIA v. VANGO MEDIA

84 A.D.2d 356 (1982)

S & S Media, Inc., Appellant, v. Vango Media, Inc., et al., Respondents

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

January 19, 1982

Attorney(s) appearing for the Case

Sidney N. Weiss of counsel (David E. Schwab, II, with him on the brief; Schwab Goldberg Price & Dannay, attorneys), for appellant.

Jay W. Seeman of counsel (Beverly Van Ness with him on the brief; Singer Hutner Levine & Seeman, P. C., attorneys), for respondents.

MURPHY, P. J., KUPFERMAN, and MARKEWICH, JJ., concur with SULLIVAN, J.; LYNCH, J., dissents in an opinion.

SULLIVAN, J.

The issue before us is whether Special Term properly granted summary judgment dismissing three causes of action based upon defendant Vango Media, Inc.'s alleged breach of a written agreement dated April 1, 1971, between itself and plaintiff, S & S Media, Inc. We find that questions of fact are presented as to the intentions of the parties when they signed the contract, by which Vango agreed,...

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