Legal Opinion
Vitro S.A.B. de C.V. v. Aurelius Capital Management, L.P.
Appellate Division of the Supreme Court of the State of New York
Decided October 16, 2012Published
1Opinion of the Court
Plaintiff, a bankrupt glass manufacturer based in Mexico, seeks to hold defendants liable for damages allegedly incurred in connection with statements published in a press release issued in advance of plaintiffs public launch of a proposed reorganization plan. The motion court properly dismissed the breach of contract claim against the non-signatory defendants because in the absence of a contract, there could be no breach (see Pevensey Press v Prentice-Hall, Inc., 161 AD2d 500, 501 [1st Dept 1990]). Plaintiff also failed to state a claim for breach of contract against the sole signatory…
2Cases cited5 opinions
- Guard-Life Corp. v. S. Parker Hardware Manufacturing Corp.New York Court of Appeals · 1980
- NBT Bancorp Inc. v. Fleet/Norstar Financial Group, Inc.New York Court of Appeals · 1996
- Advanced Global Technology, LLC v. Sirius Satellite Radio, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Kidd v. EpsteinAppellate Division of the Supreme Court of the State of New York · 2010
- Pevensey Press, Ltd. v. Prentice-Hall, Inc.Appellate Division of the Supreme Court of the State of New York · 1990