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DISCOVISION ASSOCIATES v. FUJI PHOTO FILM CO., LTD.

2347, 601859/07, 591099/07

71 A.D.3d 488 (2010)

898 N.Y.S.2d 11

DISCOVISION ASSOCIATES, Appellant, v. FUJI PHOTO FILM CO., LTD., et al., Respondents. (And a Third-Party Action.)

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

Decided March 11, 2010.

A contract is ambiguous if it is "susceptible to more than one reasonable interpretation" (Evans v Famous Music Corp., 1 N.Y.3d 452, 458 [2004]), and while, in an appropriate case, summary judgment may be granted even if a contract is ambiguous (see e.g. Hudson-Port Ewen Assoc. v Chien Kuo, 165 A.D.2d 301, 303 [1991], affd 78 N.Y.2d 944<...

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