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SAMSON LIFT TECH., LLC v. JERR-DAN CORP.

1188, 653586/11.

139 A.D.3d 534 (2016)

33 N.Y.S.3d 168

2016 NY Slip Op 03964

SAMSON LIFT TECHNOLOGIES, LLC, Appellant-Respondent, v. JERR-DAN CORPORATION, Also Known as JERRDAN CORPORATION, Respondent-Appellant, et al., Respondent.

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

Decided May 19, 2016.

An issue of fact as to whether defendant Jerr-Dan breached the "reasonable commercial efforts" clause in section 8.2 of its amended license agreement with plaintiff precludes summary judgment in plaintiff's favor (see Holland Am. Cruises, N.V. v Carver Fed. Sav. & Loan Assn., 60 A.D.2d 545, 545 [1st Dept 1977]; see also Jones v Community Bank of Sullivan County, 306 A.D.2d 679, 680-681...

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