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ISMOKE, LLC v. AXCENTRIA PHARMS., LLC

9851. 653158/15.

174 A.D.3d 451 (2019)

102 N.Y.S.3d 430

2019 NY Slip Op 05623

ISmoke, LLC, Appellant, v. Axcentria Pharmaceuticals, LLC, Respondent.

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

Decided July 11, 2019.

Defendant failed to demonstrate as a matter of law that it did not breach the parties' 2014 contract pursuant to which it agreed to provide plaintiff with "Child-Resistant Cap[s]" for its liquid nicotine bottles. The term "Child-Resistant Cap" is ambiguous (see Chimart Assoc. v Paul, 66 N.Y.2d 570, 572-573 [1986]; see also Georgia Malone & Co., Inc. v E&M Assoc., 163 A.D.3d 176,...

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