Atkins Nutritionals, Inc. v. Ernst & Young, LLP
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract, the defendant Ernst & Young, LLP, appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Costello, J.), dated December 17, 2001, as denied those branches of its motion pursuant to CPLR 3016 (b) and CPLR 3211 (a) (7) which were to dismiss the plaintiffs’ second, fifth, and sixth causes of action insofar as asserted against it and so much of the third cause of action as sought consequential damages, the defendant Cap Gemini Ernst & Young U.S., LLC, separately appeals, as limited by…
2Cases cited11 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Kimmell v. SchaeferNew York Court of Appeals · 1996
- Kenford Co. v. County of ErieNew York Court of Appeals · 1989
- WIT Holding Corp. v. KleinAppellate Division of the Supreme Court of the State of New York · 2001
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