58 A.D.2d 975 | N.Y. App. Div. | 1977
Order unanimously affirmed, without costs. Memorandum: Both parties appeal from a denial of their motions for partial summary judgment. Plaintiff seeks an order declaring that the contract between the parties has terminated, while defendant requests a declaration that the contract continues in full force and effect. Special Term determined that factual questions exist concerning both the intent of the parties as to the meaning of the terms of the contract and also whether the parties modified the contract by their conduct subsequent to its execution. In 1921 plaintiff’s predecessor in interest, The Solvay Process Company, and defendant entered into a contract whereby plaintiff