Legal Opinion
Macalloy Corp. v. Metallurg, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 21, 2001PublishedCited by 7 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Martin Sehoenfeld, J.), entered August 30, 2000, which granted defendant’s motion for summary judgment, dismissing plaintiffs complaint for injunctive and declaratory relief, unanimously modified, on the law, only to the extent of declaring that plaintiff is not relieved from performing under the parties’ contract pursuant to the contract’s force majeure provision, and otherwise affirmed, with costs to defendant payable by plaintiff.
Plaintiff was not relieved of its obligations to perform under the contract with defendant based on the “plant shutdown”…
2Cases cited5 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Kel Kim Corp. v. Central Markets, Inc.New York Court of Appeals · 1987
- 407 East 61st Garage, Inc. v. Savoy Fifth Avenue Corp.New York Court of Appeals · 1968
- United Equities Co. v. First National City BankAppellate Division of the Supreme Court of the State of New York · 1976
- Coastal Power Production Co. v. New York State Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by7 opinions
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- Route 6 Outpakcels, LLC v. Ruby Tuesday, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Burnside 711, LLC v. Nassau Regional Off-Track Betting Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Hartree Partners, LP v. Vaquero Permian Processing LLCAppellate Division of the Supreme Court of the State of New York · 2024
- Hartree Partners, LP v. Vaquero Permian Processing LLCAppellate Division of the Supreme Court of the State of New York · 2024
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