Engelhard Corp. v. Research Corp.

—Order, Supreme Court, New York County (Charles Ramos, J.), entered June 1, 1999, which denied defendants’ motion pursuant to CPLR 3211 (a) insofar as it sought dismissal of plaintiff’s first cause of action for breach of contract but granted the motion insofar as it sought dismissal of plaintiffs second and third causes of action alleging breach of the implied covenant of good faith and fair dealing, and unjust enrichment, respectively, unanimously affirmed, without costs.

We agree with the motion court that the parties’ agreement, dated January 15, 1979, giving defendants the exclusive right…