Legal Opinion

Carbures Europe, S.A. v. Emerging Markets Intrinsic Cayman Ltd.

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

Decided March 2, 2017No. 3307 653892/15Published

1Opinion of the Court

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered on or about June 9, 2016, which, to the extent appealed from as limited by the briefs, granted defendants Emerging Markets Intrinsic Cayman Ltd. and Emerging Markets Intrinsic Ltd.’s motion to dismiss the claims for fraud and breach of the implied covenant of good faith and fair dealing as against them, and denied the motion to dismiss the breach of contract claim as against them, unanimously modified, on the law, to grant the motion as to the breach of contract claim as against defendant Emerging Markets Intrinsic Ltd.,…

2Cases cited4 opinions

  1. Biotronik A.G. v. Conor Medsystems Ireland, Ltd.New York Court of Appeals · 2014
  2. Mañas v. VMS Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2008
  3. Orix Credit Alliance, Inc. v. R.E. Hable Co.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Harmit Realties LLC v. 835 Avenue of the Americas, L.P.Appellate Division of the Supreme Court of the State of New York · 2015

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