NORTHEAST SORT & FULFILLMENT CORP. v. READER'S DIGEST ASSOCIATION, INC.


261 A.D.2d 459 (1999)

689 N.Y.S.2d 717

NORTHEAST SORT & FULFILLMENT CORP., Appellant, v. READER'S DIGEST ASSOCIATION, INC., et al., Respondents.

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

Decided May 10, 1999.


Ordered that the order is affirmed, with costs.

The court properly denied the plaintiff's motion for partial summary judgment. Questions of fact exist, inter alia, as to whether the defendants elected to continue to enjoy the benefits of the agreement between the parties and thus, having so elected, relinquished the right to terminate the agreement and to recover damages for the plaintiff's earlier alleged breaches in performance (see, Bigda v Fischbach...

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