INTERFILM, INC. v. ADVANCED EXHIBITION CORP.


249 A.D.2d 242 (1998)

672 N.Y.S.2d 309

Interfilm, Inc., et al., Appellants, v. Advanced Exhibition Corporation, Formerly Known as Advanced Entertainment Corporation, et al., Respondents

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

April 30, 1998


Defendants' motions were properly entertained on the eve of trial since they had clear merit, their lateness was due to plaintiffs' own lateness in making certain disclosure, and there were no other indications that they were made as a dilatory tactic (see, Kule Resources v Reliance Group, 49 N.Y.2d 587, 591). On the merits, proof of plaintiffs' "reliance damages", essentially any and all monies they expended to create and...

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