CPC International Inc. v. McKesson Corp.
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Stanley L. Sklar, J.
The principal issues raised by plaintiffs motion for summary judgment are: (1) must plaintiff, in order to recover for breach of warranty, establish reliance upon the warranty? (2) does the language of the contract in issue establish, as a matter of law, that certain assumptions attached to the contract were warranted as having been used in creating projections attached to the contract? and (3) is there an absence of genuine material factual issues as to the claimed breach of other warranties? This court answers all three questions in the negative.
INTROD…
2Cases cited13 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Kuehne & Nagel, Inc. v. BaidenNew York Court of Appeals · 1975
- Ainger v. Michigan General Corp.District Court, S.D. New York · 1979
- Friedman v. Medtronic, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
- Belgium, S.A. v. Phosphate Chemicals Export Ass'nAppellate Division of the Supreme Court of the State of New York · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- CBS Inc. v. Ziff-Davis Publishing Co.New York Court of Appeals · 1990
- David Rogath, Plaintiff-Appellant-Cross-Appellee. v. Werner E.R. Siebenmann, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1997
- Gregg v. U.S. Industries, Inc.Court of Appeals for the Eleventh Circuit · 1989
- Resolution Trust Corporation, as Receiver Home Owners Savings Bank, F.S.B. v. Key Financial Services, Inc.Court of Appeals for the First Circuit · 2002
- CBS Inc. v. Ziff-Davis Publishing Co.New York Court of Appeals · 1990
4 more not listed; retrieve them via the Exa API.