MacMILLAN, INC. v. KAHN


195 A.D.2d 372 (1993)

600 N.Y.S.2d 236

MacMillan, Inc., Doing Business as Macmillan Publishing Company, Appellant, v. Roger Kahn, Respondent

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

July 15, 1993


If, as seems to be the case, defendant, at plaintiff's behest, agreed to undertake additional work on the Pete Rose book and to participate in a nationwide effort to promote the book, which included a six-month tour, and if the additional work and promotion of the Pete Rose book were incompatible with a timely delivery of the Rescuing Roger book and frustrated performance of that condition, plaintiff should be estopped from taking advantage of that failure. (See...

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