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YOUNG & RUBICAM v. GRAMERCY COURT ASSOCS.

202 A.D.2d 360 (1994)

612 N.Y.S.2d 825

Young & Rubicam L.P. et al., Appellants, v. Gramercy Court Associates et al., Respondents

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

March 31, 1994

Our decision on the prior appeal (190 A.D.2d 518) did not, as plaintiff argues, implicitly find the consent requirement to be a condition precedent to an allocation of the settlement. On the contrary, in denying plaintiff's motion for summary judgment, we necessarily decided that defendants might not be obligated to return plaintiff's entire deposit, but may be entitled to apply some part of the deposit toward the settlement, which is to...

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