From Casetext: Smarter Legal Research

MTI/the Image Group, Inc. v. Morning Studios, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1998
248 A.D.2d 315 (N.Y. App. Div. 1998)

Opinion

March 31, 1998

Appeal from the Supreme Court, New York County (Lewis Friedman, J.).


Plaintiffs' motion for partial summary judgment was properly denied. The same issues of fact as were found on the prior summary judgment motion remain unresolved. A question of fact also exists as to whether a scrivener's error was responsible for the failure to expressly specify in paragraph 15 of the agreement (Curing Provision) that the producer, Morning, as well as MTI, the supplier, was required to make a written demand "upon the other" prior to making any claim "that the other" has breached any of the provisions of the contract. The language of the remainder of the provision that makes express reference to the receipt by each party of such written demand and the respective time periods within which each may cure militates against a summary determination that the omission of Morning in the earlier clause was intended.

Concur — Sullivan, J. P., Rosenberger, Ellerin and Tom, JJ.


Summaries of

MTI/the Image Group, Inc. v. Morning Studios, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1998
248 A.D.2d 315 (N.Y. App. Div. 1998)
Case details for

MTI/the Image Group, Inc. v. Morning Studios, Inc.

Case Details

Full title:MTI/THE IMAGE GROUP, INC., Formerly Known as MODERN TELECOMMUNICATIONS…

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

Date published: Mar 31, 1998

Citations

248 A.D.2d 315 (N.Y. App. Div. 1998)
670 N.Y.S.2d 100

Citing Cases

Mirza v. N.Y.C. Transit Auth.

In fact, Plaintiff is a woman. It is not up to this Court to assume that Dr. Passick's misidentification of…