Legal Opinion

Capone v. Castelton Commodities International LLC

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

Decided March 16, 2017No. 651794/15 -6620PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered March 29, 2016, which, to the extent appealed from as limited by the briefs, granted defendants-respondents’ (defendants) motion to dismiss the causes of action for tortious interference with contract, unjust enrichment, veil-piercing, and breach of the implied covenant of good faith and fair dealing, unanimously affirmed, with costs.

Section 9.9 (a) of the relevant agreement contains a clear exculpatory provision that, standing alone, supports the motion court’s dismissal of the claims alleged against defendants…

2Cases cited5 opinions

  1. WALLACE EX REL. CENCOM v. WoodCourt of Chancery of Delaware · 1999
  2. Elf Atochem North America, Inc. v. JaffariSupreme Court of Delaware · 1999
  3. Felsen v. Sol Cafe Manufacturing Corp.New York Court of Appeals · 1969
  4. Randall's Island Aquatic Leisure, LLC v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  5. 3 East 54th Street New York, LLC v. Patriarch Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by3 opinions

  1. Port Auth. of N.Y. & N.J. v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 2020
  2. AEA Middle Mkt. Debt Funding LLC v. Marblegate Asset Mgt., LLCAppellate Division of the Supreme Court of the State of New York · 2023
  3. AEA Middle Mkt. Debt Funding LLC v. Marblegate Asset Mgt., LLCAppellate Division of the Supreme Court of the State of New York · 2023

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