Legal Opinion

Pramco III, LLC v. Partners Trust Bank

New York Supreme Court

Decided February 23, 2007PublishedCited by 3 opinions

1Opinion of the Court

*352OPINION OF THE COURT

Kenneth R. Fisher, J.

On June 26, 2006, the court denied defendant’s preanswer motion to dismiss all claims exceeding the limitation of damages clause found in the asset sale agreement relating to plaintiffs purchase of two commercial loans having a principal balance of $3,233,087.49, extended to defendant’s borrower, CyTech Hardwoods, Inc. Plaintiff’s preanswer cross motion for summary judgment was denied without prejudice. After discovery, plaintiff renews the motion for summary judgment on the fourth cause of action, for rescission of the asset sale agreement, on the…

2Cases cited25 opinions

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  2. Chimart Associates v. PaulNew York Court of Appeals · 1986
  3. Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
  4. Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.New York Court of Appeals · 1995
  5. L.S. Heath & Son, Inc. v. At & T Information Systems, Inc.Court of Appeals for the Seventh Circuit · 1993

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3Cited by3 opinions

  1. Indian Harbor Insurance v. City of San DiegoDistrict Court, S.D. New York · 2013
  2. Pramco III, LLC v. Partners Trust BankAppellate Division of the Supreme Court of the State of New York · 2008
  3. Baraliu v. Vinya Capital, L.P.District Court, S.D. New York · 2011

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