Legal Opinion
Warner Theatre Associates Limited Partnership v. Metropolitan Life Insurance Company
Court of Appeals for the Second Circuit
Decided July 6, 1998No. Docket 97-9552PublishedCited by 27 opinions
1Opinion of the Court
WINTER, Chief Judge:
This appeal involves the effect of specific disclaimers regarding the terms of potential financing in a negotiation agreement. Warner Theatre Associates Limited Partnership (“Warner”) appeals from Judge Sotomayor’s dismissal of its complaint pursuant to Feder al Rule of Civil Procedure 12(b)(6) for failure to state a claim. In its complaint, Warner alleged that it was fraudulently induced to-enter into an agreement to pay the appellee, Metropolitan Life Insurance Company (“MetLife”), $600,000 after MetLife promised to “consider and negotiate” the refinancing of a mortgage…
2Cases cited4 opinions
- Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- Cooper v. ParskyCourt of Appeals for the Second Circuit · 1998
- Yurish v. SportiniAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by27 opinions
- Dallas Aerospace, Inc., Plaintiff-Counter-Defendant-Appellant v. Cis Air Corporation, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2003
- FIH, LLC v. Foundation Capital Partners, LLC.Court of Appeals for the Second Circuit · 2019
- Cerabio LLC and Phillips Plastics Corporation v. Wright Medical Technology, Inc.Court of Appeals for the Seventh Circuit · 2005
- RAA Management, LLC v. Savage Sports Holdings, Inc.Supreme Court of Delaware · 2012
- Solutia Inc. v. FMC Corp.District Court, S.D. New York · 2006
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