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ENZON PHARMACEUTICALS, INC. v. NEKTAR THERAPEUTICS

2040, 652823/15.

143 A.D.3d 617 (2016)

2016 NY Slip Op 06977

39 N.Y.S.3d 762

ENZON PHARMACEUTICALS, INC., Formerly Known as ENZON, INC., Appellant, v. NEKTAR THERAPEUTICS, Formerly Known as INHALE THERAPEUTIC SYSTEMS, INC., Respondent.

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

Decided October 25, 2016.

Dismissal of the complaint was not warranted in light of the ambiguity in the contract provisions at issue, as they are "susceptible of reasonable interpretations supportive of differing outcomes to the parties' dispute" (Hambrecht & Quist Guar. Fin., LLC v El Coronado Holdings, LLC, 27 A.D.3d 204, 204 [1st Dept 2006]). Accordingly, the development of a full factual record as to the parties' intent is necessary.

Furthermore...

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