New York University's breach of contract lawsuit against Pfizer over hundreds of millions of dollars in cancer drug royalties must go forward, a divided Manhattan appeals court has ruled.

A 3-2 Appellate Division, First Department, panel reversed the dismissal of NYU's 25-page complaint, which focuses on the university's disputed role in the development of Xalkori, a drug used to treat lung cancer.

Justice Richard Andrias, writing for the panel, said the contract language “delineating whether NYU is entitled to royalties under these circumstances is ambiguous, and that the motion court erred in granting Pfizer's motion to dismiss.”

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