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KEMI, INC. v. BERLITZ INT'L, INC.

228 A.D.2d 281 (1996)

644 N.Y.S.2d 27

Kemi, Inc., Appellant and Counterclaim Defendant, v. Berlitz International, Inc., Respondent. Ogilvy Group, Inc., Counterclaim Defendant-Appellant

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

June 13, 1996

The disputed provisions in Articles III and IV of the Asset Purchase Agreement do not specify exclusive remedies for breach of warranties made in Article VII thereof. Moreover, a remedy specified for breach of an individual contract term is not necessarily a remedy for breach of other terms in the contract.

The internal memorandum from defendant, produced by counterclaim defendants on their motion, does not show that the parties contemplated that the matter was settled...

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