Legal Opinion

Dragon Head LLC v. Elkman

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

Decided June 3, 2014PublishedCited by 6 opinions

1Opinion of the Court

*425Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered January 23, 2013, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

While plaintiff is correct that separate writings can be considered together when they evince an intent to forward the same transaction or purpose (see Nau v Vulcan Rail & Constr. Co., 286 NY 188, 197 [1941]), that does not avail it, since two of the written agreements at issue expressly contradict the overarching purpose it seeks…

2Cases cited3 opinions

  1. Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
  2. Nau v. Vulcan Rail & Construction Co.New York Court of Appeals · 1941
  3. IDT Corp. v. Tyco Group, S.A.R.L.New York Court of Appeals · 2009

3Cited by6 opinions

  1. Minturn v. MonradCourt of Appeals for the First Circuit · 2023
  2. MUFG Union Bank, N.A. v. Axos BankAppellate Division of the Supreme Court of the State of New York · 2024
  3. MUFG Union Bank, N.A. v. Axos BankAppellate Division of the Supreme Court of the State of New York · 2024
  4. Maxgain LLC v. RaiAppellate Division of the Supreme Court of the State of New York · 2023
  5. Maxgain LLC v. RaiAppellate Division of the Supreme Court of the State of New York · 2023

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