Innophos, Inc. v. Rhodia, S.A.

Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered June 14, 2005, which, in an action for breach of contract, granted plaintiffs motion for partial summary judgment declaring that certain claims asserted against plaintiff constitute taxes as defined in the parties’ agreement and that any guarantee required to contest these claims is defendants’ responsibility, affirmed, without costs.

In August 1994, plaintiff Innophos paid more than $530 million to acquire Rhodia Fosfatados and other specialty phosphate businesses from defendants. The purchase and sale agreement requires…