Legal Opinion

Nycal Corp. v. INOCO PLC

District Court, S.D. New York

Decided December 12, 1997No. 96 CIV. 7159 LAKPublishedCited by 55 opinions

1Opinion of the Court

MEMORANDUM OPINION

KAPLAN, District Judge.

This lawsuit involves a claim by Nycal Corporation (“Nycal”) that it was defrauded by Inoco PLC and Downshire N.V. (collectively, “Inoco”) in connection with Nycal’s 1991 purchase of a majority interest in Gulf Resources and Chemical Corporation (“Gulf’) from Inoco. Inoco seeks summary judgment dismissing the complaint on the ground that it is barred by a release contained in a settlement agreement previously executed by Nycal. Nycal rejoins that the release does not cover its present claim and, in any case, itself was obtained by fraud.

Facts

The…

2Cases cited37 opinions

  1. Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
  2. Schering Corporation, Plaintiff-Appellee-Cross-Appellant v. Home Insurance Company, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1983
  3. National City Bank of NY v. HotchkissSupreme Court of the United States · 1913
  4. Mencher v. WeissNew York Court of Appeals · 1953
  5. William C. Atwater & Co. v. Panama RailroadNew York Court of Appeals · 1927

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3Cited by55 opinions

  1. Farrokh Yassan v. J.P. Morgan ChaseCourt of Appeals for the Seventh Circuit · 2013
  2. DEUTSCHE BANK SECURITIES INC. v. RhodesDistrict Court, S.D. New York · 2008
  3. Gulf USA Corporation v. Federal Insurance CompanyCourt of Appeals for the Ninth Circuit · 2001
  4. Ferguson v. Lion Holding, Inc.District Court, S.D. New York · 2007
  5. Development Specialists, Inc. v. Peabody Energy Corp.District Court, S.D. New York · 2013

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