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BRAINSTORMS INTERNET MARKETING, INC. v. USA NETWORKS, INC.

6 A.D.3d 318 (2004)

775 N.Y.S.2d 844

BRAINSTORMS INTERNET MARKETING, INC., et al., Appellants, v. USA NETWORKS, INC., et al., Respondents.

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

April 27, 2004.

The complaint adequately alleges that defendant USANI, by sending an e-mail to plaintiffs setting a closing date for its purchase of the remaining 84% of plaintiffs' business, did, in fact, exercise the purchase option accorded it in the parties' June 23, 2000 purchase agreement pursuant to the agreement's terms (see Kaplan v Lippman, 75 N.Y.2d 320 [1990]), and the evidentiary material submitted by USANI on the motion did not conclusively...

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