Creative Foods Corp. v. Chef Francisco, Inc.

— Order and judgment (one paper) entered September 24, 1981 in Supreme Court, New York County (Shorter, J.) awarding plaintiff $38,202.72 on its first and sixth causes of action, reversed, on the law and the facts, the judgment is vacated and the complaint is dismissed, with costs. Plaintiff sued for breach of contract and tortious interference with economic relations, seeking an accounting for purposes of determining the commissions and punitive damages allegedly due. After trial, the court correctly found that the subject contract “does not in express terms or by fair implication fix the…