TeeVee Toons, Inc. v. Prudential Securities Credit Corp.

Order, Supreme Court, New York County (Herman Cahn, J.), entered on or about October 15, 2003, which, to the extent appealed from as limited by the briefs, dismissed the entire complaint except for that part of the sixth cause of action alleging breach of contract for refusing or delaying the release of funds, unanimously affirmed, without costs.

The breach of contract alleged in the first cause of action was properly dismissed, since the transaction documents unambiguously called for the cancellation of the backup manager provision upon the termination of the management agreement. Moreover,…