Legal Opinion

Goldberg v. Manhattan Ford Lincoln-Mercury, Inc.

New York Supreme Court

Decided March 28, 1985PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Edward J. Greenfield, J.

The question presented in this case is whether a cause of action for "deceptive practice” under General Business Law § 349 (a) can be predicated on the fact that one party in a contract negotiation continuously modified the proposed terms so that the deal fell through. In other words, a contract, not having been consummated, can a plaintiff claim general and punitive damages in a cause of action for "fruitless negotiations”?

Plaintiff’s complaint alleges that he went to the Ford Lincoln-Mercury showroom in New York City to purchase a 1985 Lincoln…

2Cases cited15 opinions

  1. Walker v. SheldonNew York Court of Appeals · 1961
  2. Federal Trade Commission v. Colgate-Palmolive Co.Supreme Court of the United States · 1965
  3. Electrolux Corp. v. Val-Worth, Inc.New York Court of Appeals · 1959
  4. State v. Colorado State Christian College of the Church of the Inner Power, Inc.New York Supreme Court · 1973
  5. Eastern Air Lines Inc. v. New York Air Lines, Inc.District Court, S.D. New York · 1983

10 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Hawaii Community Federal Credit Union v. KekaHawaii Supreme Court · 2000
  2. Teller v. Bill Hayes, Ltd.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Nungesser v. Columbia UniversityDistrict Court, S.D. New York · 2016
  4. Morris v. GilbertDistrict Court, E.D. New York · 1986
  5. Diaz v. Paragon Motors of Woodside, Inc.District Court, E.D. New York · 2006

11 more not listed; retrieve them via the Exa API.

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