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Paramount Pictures Corporation v. Puzo

REPLY MEMORANDUM OF LAW in Support re: 22 MOTION to Dismiss Amended and Restated Counterclaim.. Document

19 Cited authorities

  1. Lucente v. International Bus. Machines Corp.

    310 F.3d 243 (2d Cir. 2002)   Cited 1,429 times   2 Legal Analyses
    Holding that the New York rule does not apply in breach of contract cases

  2. Aetna Cas. and Sur. v. Aniero Concrete

    404 F.3d 566 (2d Cir. 2005)   Cited 698 times
    Holding that a duty to disclose can arise when a party has made a partial or ambiguous statement

  3. National Market Share, v. Sterling Nat. Bank

    392 F.3d 520 (2d Cir. 2004)   Cited 250 times
    Holding that intervening cause in underlying case was not an affirmative defense because intervening cause was integral part of proximate cause analysis in breach of contract/breach of duty of good faith and fair dealing action

  4. Manhattan Motorcars, Inc. v. Automobili Lamborghini, S.p.A.

    244 F.R.D. 204 (S.D.N.Y. 2007)   Cited 109 times
    Finding a duty of confidence arose out of an agreement between an automobile dealership and an automobile manufacturer because the manufacturer had "the authority to exercise near life and death economic power over" the dealership, including requirements that the dealership provide the manufacturer with sales and inventory reports, customer data, and all information concerning the dealership's business

  5. Long Is. R.R. v. Northville

    41 N.Y.2d 455 (N.Y. 1977)   Cited 159 times
    Discussing anticipatory repudiation of a bilateral contract

  6. In re Exide Technologies

    607 F.3d 957 (3d Cir. 2010)   Cited 58 times   29 Legal Analyses
    Holding asset acquisition agreement not executory where any continuing obligations were not material in the context of a $135 million asset acquisition

  7. Morgan v. McCaffrey

    14 A.D.3d 670 (N.Y. App. Div. 2005)   Cited 47 times

    2003-07022 January 31, 2005. In an action, inter alia, for specific performance of a contract for the sale of real property, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Klein, J.), dated June 26, 2003, which, after a nonjury trial, is in favor of the defendants and against him dismissing the complaint, canceling the contract, and awarding liquidated damages to the defendants on their counterclaim. Before: Krausman, J.P., Mastro, Spolzino and Fisher, JJ., concur. Ordered

  8. Santa-Rosa v. Combo Records

    471 F.3d 224 (1st Cir. 2006)   Cited 43 times
    Finding that singer's claim for contract rescission was preempted by § 301 of the Copyright Act because the request for rescission required court to determine his ownership rights by reference to the Copyright Act

  9. Kaplan v. Madison Park Group Owners, LLC

    94 A.D.3d 616 (N.Y. App. Div. 2012)   Cited 21 times
    In Kaplan, the plaintiffs failed to appear at the closing date, which constituted a default under the agreement; two days later, the plaintiffs advised the seller by letter of their decision to purportedly terminate the purchase agreement (id.).

  10. DeLorenzo v. Bac Agency

    256 A.D.2d 906 (N.Y. App. Div. 1998)   Cited 38 times
    Indicating that repudiation occurs when one party "has indicated an unqualified and clear refusal to perform with respect to the entire contract."