Legal Opinion

Carvel Corp. v. Eisenberg

District Court, S.D. New York

Decided July 6, 1988No. 87 Civ. 608 (CSH)PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

The defendants operated a Carvel ice cream store in Dade County, Florida, under a license agreement that expired on October 31, 1986. Although the defendants did not renew the agreement, it is undisputed that they continued to operate a retail ice cream store after that date, selling ice cream and frozen deserts that are not Carvel products, at the same location. 1

The complaint alleges breach of contract by the Eisenbergs. The case is before the Court on plaintiff’s motion for partial summary judgment pursuant to Fed.R.Civ.P. 56.

The court’s…

2Cases cited25 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
  4. R.G. Group, Inc., and R.G. Restaurant Associates v. The Horn & Hardart Company, and Bojangles' of America, Inc.Court of Appeals for the Second Circuit · 1984
  5. United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898

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3Cited by13 opinions

  1. Volunteer Firemen's Insurance Services v. Cigna Property & Casualty Insurance AgencySuperior Court of Pennsylvania · 1997
  2. Baker's Aid, a Division of M. Raubvogel Co. v. Hussmann Foodservice Co.District Court, E.D. New York · 1990
  3. DAR & Associates, Inc. v. Uniforce Services, Inc.District Court, E.D. New York · 1999
  4. NAPSTER, LLC v. Rounder Records Corp.District Court, S.D. New York · 2011
  5. O v. Marketing Associates, Inc. v. CarterDistrict Court, D. Kansas · 1991

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