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GRANT ENTM'T, INC. v. LEE

186 A.D.2d 66 (1992)

Grant Entertainment, Inc., Appellant, v. Spike Lee, Respondent

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

September 22, 1992

The contract sued upon is clear and unambiguous. Plaintiff's failure to perform constituted a material breach of contract and failure of consideration that gave defendant the right to rescind (Fugelsang v Fugelsang, 131 A.D.2d 810, 812). There being no ambiguity in the terms and conditions of the contract, the IAS Court properly precluded any consideration of parol evidence (see, Buckthorn, Ltd. v Rollins Burdick Hunter...

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