Legal Opinion

IDT Corp. v. Morgan Stanley Dean Witter & Co.

New York Court of Appeals

Decided March 26, 2009PublishedCited by 338 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

IDT Corporation and Telefonica Internacional, S.A., both telecommunications companies, executed a Memorandum of Understanding (MOU) in August 1999 concerning SAm-1, a vast underwater fiber-optic cable network Telefonica was building. Pursuant to the MOU, IDT was to buy from Telefonica a 10% equity share in NewCo, a corporation that would “construct, establish, operate and maintain . . . and . . . sell capacity on” SAm-1. A separate entity was to be created to market products associated with the network. IDT would have the right to buy capacity in the network, at…

2Cases cited12 opinions

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  2. Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
  3. Kaufman v. CohenAppellate Division of the Supreme Court of the State of New York · 2003
  4. Miller v. . SchlossNew York Court of Appeals · 1916
  5. Kronos, Inc. v. AVX Corp.New York Court of Appeals · 1993

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3Cited by338 opinions

  1. Cohen v. S.A.C. Trading Corp.Court of Appeals for the Second Circuit · 2013
  2. Georgia Malone & Co. v. RiederNew York Court of Appeals · 2012
  3. Anwar v. Fairfield Greenwich Ltd.District Court, S.D. New York · 2010
  4. Agerbrink v. Model Service LLCDistrict Court, S.D. New York · 2016
  5. Copantitla v. Fiskardo Estiatorio, Inc.District Court, S.D. New York · 2011

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