OTB CORP. v. SAFE FACTORY


28 A.D.3d 175 (2006)

809 N.Y.S.2d 70

NEW YORK CITY OFF-TRACK BETTING CORP., Appellant, v. SAFE FACTORY OUTLET, INC., Respondent.

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

February 21, 2006.


Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Suzanne K. Colt and Elizabeth S. Natrella of counsel), for appellant.

Outmezguine & Associates, New York City (Avi Outmezguine of counsel), for respondent.

TOM, J.P, ANDRIAS, SULLIVAN and GONZALEZ, JJ., concur.


OPINION OF THE COURT

SWEENY, J.

In this contract action, the issues on appeal are whether denial of plaintiff's motion for summary judgment was proper upon findings that the contract language was ambiguous and that a question of fact existed as to whether plaintiff unreasonably delayed in rejecting the goods in question. For the following reasons, we hold that the motion court erred and therefore reverse...

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