Legal Opinion
Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.
New York Court of Appeals
Decided June 6, 2006PublishedCited by 215 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Gkaffeo, J.
In furtherance of a proposed transfer of advisory responsibility over a group of mutual funds from plaintiffs to defendants in return for monetary compensation, the parties executed an agreement that precluded defendants from soliciting or engaging in business with the funds if the deal was not consummated. The primary issues before us in this breach of contract action are whether the record establishes — as a matter of law — that plaintiffs, by nurturing a business relationship between defendants and the funds, waived the right to enforce the non-compete…
2Cases cited9 opinions
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
- Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
- Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
- Lynn v. LynnNew York Court of Appeals · 1951
4 more not listed; retrieve them via the Exa API.
3Cited by215 opinions
- Branham v. Loews Orpheum Cinemas, Inc.New York Court of Appeals · 2007
- Luitpold Pharmaceuticals, Inc. v. Ed. Geistlich Söhne A.G. Für Chemische IndustrieCourt of Appeals for the Second Circuit · 2015
- KeySpan Gas East Corp. v. Munich Reinsurance America, Inc.New York Court of Appeals · 2014
- Marcum, LLP v. SilvaAppellate Division of the Supreme Court of the State of New York · 2014
- Parlux Fragrances, LLC v. S. Carter Enters., LLCAppellate Division of the Supreme Court of the State of New York · 2022
210 more not listed; retrieve them via the Exa API.