Legal Opinion
Matzan v. Eastman Kodak Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1987PublishedCited by 38 opinions
1Opinion of the Court
— Order insofar as appealed from unanimously reversed on the law without costs and defendant’s motion granted. Memorandum: Plaintiff’s fourth and fifth causes of action should have been dismissed. Plaintiff’s fourth cause of action alleges that defendant converted money it wrongfully withheld from him by using his suggestions without paying for them. Plaintiff’s claim is for nonperformance under an alleged agreement and his remedy is to sue for breach of contract (see, Peters Griffin Woodward v WCSC, Inc., 88 AD2d 883). A breach of contract does not give rise to a tort action in the absence…
2Cases cited5 opinions
- Wegman v. Dairylea Cooperative, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Peters Griffin Woodward, Inc. v. WCSC, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Burlew v. American Mutual InsuranceNew York Court of Appeals · 1984
- Independence Discount Corp. v. BressnerAppellate Division of the Supreme Court of the State of New York · 1975
- Burlew v. American Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by38 opinions
- Kubin v. MillerDistrict Court, S.D. New York · 1992
- Pure Power Boot Camp, Inc. v. Warrior Fitness Boot Camp, LLCDistrict Court, S.D. New York · 2011
- Citadel Management, Inc. v. Telesis Trust, Inc.District Court, S.D. New York · 2000
- Astroworks, Inc. v. Astroexhibit, Inc.District Court, S.D. New York · 2003
- DealTime.com Ltd. v. McNultyDistrict Court, S.D. New York · 2000
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