ROTHSCHILD INC. v. TELERGY, INC.


270 A.D.2d 148 (2000)

706 N.Y.S.2d 314

ROTHSCHILD INC., Respondent, v. TELERGY, INC., Formerly Known as KCI NETWORK SERVICES, INC., Appellant.

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

Decided March 23, 2000.


Plaintiff was properly granted summary judgment where the subject contract unambiguously entitled it to a fee in the event defendant obtained financing within 12 months after expiration of the contract from any investor with which defendant had discussions during the term of the agreement and evidence established that defendant obtained such financing from such an investor. Defendant raises no material issues of fact, and indeed the thrust of its position goes to the meaning...

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