Rockaway Beverage, Inc. v. Wells Fargo & Co.
District Court, E.D. New York
1Opinion of the Court
Thus, the Court finds that Plaintiffs have sufficiently alleged the existence of a contract as of December 12, 2014 between the parties regarding the provision of credit card processing services.
B. Plaintiffs' Performance of Their Contract Obligations and Defendants' Breach
Plaintiffs further allege that they performed their obligations under the Implied Agreement (SAC, ¶¶ 107, 116), but that Defendants breached the Implied Agreement in three ways: (1) by authorizing *163the fraudulent Ali transactions and failing to alert Plaintiffs to their fraudulent nature; (2) by failing to provide Plaintiffs…
2Cases cited24 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLCCourt of Appeals for the Second Circuit · 2012
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- James I. Wynn, Jr. v. Ac Rochester, General Motors Corporation, Charles Volo, Personally and in His Capacity as Personnel ManagerCourt of Appeals for the Second Circuit · 2001
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