Lexis Nexis - Case Brief

Not a Lexis+ subscriber? Try it out for free.

Law School Case Brief

TeeVee Toons, Inc. v. Gerhard Schubert GmbH - 2006 U.S. Dist. LEXIS 59455 (S.D.N.Y. Aug. 22, 2006)


Summary judgment may be granted only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."


Plaintiffs TeeVee Toons, Inc. and its affiliate, Steve Gottlieb, Inc., brought this action against defendant Gerhard Schubert GmbH (Schubert), claiming that Schubert improperly manufactured a packaging system commissioned by TeeVee Toons, Inc. (TVT) and alleging breach of contract, fraud, and negligence. Schubert moves for an order granting summary judgment in Schubert's favor on Plaintiffs' claims.


Is summary judgment appropriate when there is a genuine issue of material fact?




The district court held that summary judgment is inappropriate on TVT's Article 35(2)(a)-(b) claim because there is a genuine issue of material fact regarding the parties' intent to incorporate the "Terms and Conditions" section and Merger Clause therein. Under the guidelines set forth herein, the finder of fact in this case will be required to determine the subjective intent of Gottlieb, on behalf of TVT, and Neuber, on behalf of Schubert, at the time Schubert's offer was accepted by TVT. Nevertheless, TVT is barred from recovering certain categories of damages under the Article 35(2)(a)-(b) claim as a matter of law. Thus, on this contract claim, summary judgment for Schubert is denied except with respect to certain categories of damages.

Access the full text case Not a Lexis+ subscriber? Try it out for free.
Be Sure You're Prepared for Class