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YOGURTS INT'L, INC. v. GRAND UNION CO.

92 A.D.2d 936 (1983)

Yogurts International, Inc., Respondent, v. Grand Union Company, Appellant

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

March 28, 1983

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 A.D.2d 772; see Allied Clove Lakes Co. v Demisay, 74 A.D.2d 466

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