Deerfield Communications Corp. v. Chesebrough-Ponds, Inc.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Defendant stated three counterclaims: (1) for breach of contract in failing to pay the balance due of the purchase price, (2) for breach of contract in violating geographic restrictions on resale allegedly agreed to orally, and (3) for fraud in the inducement in that plaintiff had no intention of abiding by the geographical restrictions orally agreed to. The second counterclaim was dismissed because the restrictions were not contained in the written contract and the jury returned a verdict of…
2Cases cited5 opinions
- Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- Citibank, N. A. v. PlapingerNew York Court of Appeals · 1985
- Sabo v. DelmanNew York Court of Appeals · 1957
- Sager v. FriedmanNew York Court of Appeals · 1936
3Cited by225 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
- Bridgestone/firestone, Inc. v. Recovery Credit Services, Inc., Revenue Recovery, Inc. And George BeladinoCourt of Appeals for the Second Circuit · 1996
- Merrill Lynch & Co. Inc. v. Allegheny Energy, Inc.Court of Appeals for the Second Circuit · 2007
- Spinelli v. National Football LeagueCourt of Appeals for the Second Circuit · 2018
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