Legal Opinion

Capricorn Investors III v. CoolBrands International, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided October 1, 2009PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Bernard J. Fried, J.), entered July 21, 2008, which, to the extent appealed from, granted defendants’ motion to dismiss the claims alleging fraudulent inducement, negligent misrepresentation and promissory estoppel, unanimously affirmed, with costs.

In support of its claim of fraudulent inducement, plaintiff alleges that defendants did not keep their oral promises to consolidate the operations of their Arkansas plant and plaintiffs Texas plant and that defendants never intended to keep those promises. However, as plaintiff alleges no facts that would show…

2Cases cited5 opinions

  1. Citibank, N. A. v. PlapingerNew York Court of Appeals · 1985
  2. Margrove Inc. v. Lincoln First BankAppellate Division of the Supreme Court of the State of New York · 1976
  3. Prestige Foods, Inc. v. Whale Securities Co.Appellate Division of the Supreme Court of the State of New York · 1997
  4. Abelman v. Shoratlantic Development Co.Appellate Division of the Supreme Court of the State of New York · 1989
  5. Emfore Corp. v. Blimpie Associates, Ltd.Appellate Division of the Supreme Court of the State of New York · 2008

3Cited by4 opinions

  1. Security Plans, Inc. v. Cuna Mutual Insurance SocietyCourt of Appeals for the Second Circuit · 2014
  2. American Federated Title Corp. v. GFI Management Services, Inc.District Court, S.D. New York · 2015
  3. LiDestri Foods, Inc. v. 7-Eleven, Inc.District Court, W.D. New York · 2019
  4. Security Plans v. CUNA MutualCourt of Appeals for the Second Circuit · 2014

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