Legal Opinion
IBM Credit Financing Corp. v. Mazda Motor Manufacturing (USA) Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 1997PublishedCited by 3 opinions
1Opinion of the Court
—Order and judgment (one paper), Supreme Court, New York County (Edward Greenfield, J.), entered June 3, 1996, which, after a nonjury trial, dismissed the complaint and awarded defendant the principal sum of $5,450,000 on its counterclaim for breach of contract, unanimously affirmed, with costs.
We agree with the trial court’s finding that plaintiff had clearly repudiated the parties’ sale and lease-back agreement by advancing an untenable interpretation based upon a foreseeable tax factor that had been consistently absent from the pre-contractual negotiations and the governing documents while…
2Cases cited4 opinions
- Ronnen v. Ajax Electric Motor Corp.New York Court of Appeals · 1996
- IBM Credit Financing Corp. v. Mazda Motor Manufacturing (USA) Corp.New York Supreme Court · 1996
- Westbury Post Avenue Associates v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1976
- Westbury Post Avenue Associates v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1974
3Cited by3 opinions
- Salomon v. AngstenAppellate Division of the Supreme Court of the State of New York · 2005
- Canali U.S.A., Inc. v. Solow Building Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Pentech Pharmaceuticals, Inc. v. Par Pharmaceutical, Inc.District Court, N.D. Illinois · 2009