Prestige Foods, Inc. v. Whale Securities Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered June 6, 1996, dismissing the complaint for failure to state a cause of action, unanimously affirmed, with costs.
Plaintiffs’ causes of action for breach of contract, breach of the implied duty of good faith and fair dealing, and promissory estoppel were all properly dismissed as “flatly contradicted” by the letter agreements in issue, which expressly stated that nei*282ther party had any legal obligations to the other until both had executed and delivered an underwriting agreement (see, Quail Ridge Assocs. v Chemical Bank,…
2Cases cited7 opinions
- Port Chester Electrical Construction Corp. v. AtlasNew York Court of Appeals · 1976
- Quail Ridge Associates v. Chemical BankAppellate Division of the Supreme Court of the State of New York · 1990
- Braten v. Bankers Trust Co.New York Court of Appeals · 1983
- RKB Enterprises, Inc. v. Ernst & YoungAppellate Division of the Supreme Court of the State of New York · 1992
- Entertainment Partners Group, Inc. v. DavisAppellate Division of the Supreme Court of the State of New York · 1993
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Sheth v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
- Henneberry v. Sumitomo Corp. of AmericaDistrict Court, S.D. New York · 2006
- Advanced Marine Technologies, Inc. v. Burnham Securities, Inc.District Court, S.D. New York · 1998
- Jordan Panel Systems Corp. v. Turner Construction Co.Appellate Division of the Supreme Court of the State of New York · 2007
- A. Terzi Productions, Inc. v. Theatrical Protective UnionDistrict Court, S.D. New York · 1998
18 more not listed; retrieve them via the Exa API.