DAIICHI SEIHAN USA, INC. v. INFINITY USA, INC.


214 A.D.2d 487 (1995)

625 N.Y.S.2d 527

Daiichi Seihan USA, Inc., Respondent, v. Infinity USA, Inc., Appellant, and DIC Americas, Inc., Respondent and Counterclaim Defendant

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

April 25, 1995


In light of the unambiguous contract between plaintiff and Infinity, and Infinity's failure to continue to make its monthly payments pursuant to said contract, summary judgment was warranted (see, Jafari v Wally Findlay Galleries, 741 F.Supp. 64, 67). Any attempt by defendant to alter the plain meaning of the contract by alleged oral modifications fails as a result of the contract...

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