Legal Opinion
Foundry Capital Sarl v. International Value Advisers, LLC
Appellate Division of the Supreme Court of the State of New York
Decided June 21, 2012PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered December 5, 2011, which granted defendant’s motion to dismiss, unanimously affirmed, with costs.
Supreme Court properly granted defendant’s motion to dismiss because the written release, which plaintiff executed on November 22, 2010, precludes plaintiff from making the claims set forth in the complaint (see CPLR 3211 [a] [1], [5]). It is clear that the entire purpose of the release was for plaintiff to waive its finder’s fee in relation to the subject transaction between defendant and a nonparty, as consideration to induce…
2Cases cited6 opinions
- Hamburg v. American Ref-Fuel Co.Appellate Division of the Supreme Court of the State of New York · 2001
- Credit Suisse First Boston v. Utrecht-America Finance Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Philips South Beach, LLC v. ZC Specialty InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- 767 Third Avenue LLC v. ORIX Capital Markets, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Madey v. CarmanAppellate Division of the Supreme Court of the State of New York · 2008
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Nelson v. Lattner EnterprisesAppellate Division of the Supreme Court of the State of New York · 2013
- Nelson v. Lattner EnterprisesAppellate Division of the Supreme Court of the State of New York · 2013