Rick Consulting Corp. v. Associated Food Stores, LLC

Appellate Division of the Supreme Court of New York

Rick Consulting Corp. v. Associated Food Stores, LLC

290 A.D.2d 388, 737 N.Y.S.2d 274, 2002 N.Y. App. Div. LEXIS 875

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 31, 2002

StatusPublished

Cited by1 cases

This text of 290 A.D.2d 388 (Rick Consulting Corp. v. Associated Food Stores, LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rick Consulting Corp. v. Associated Food Stores, LLC, 290 A.D.2d 388, 737 N.Y.S.2d 274, 2002 N.Y. App. Div. LEXIS 875 (N.Y. Ct. App. 2002).

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Opinion

Order, Supreme Court, New York County (Robert Lippmann, J.), entered August 21, 2000, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously affirmed, with costs.

Inasmuch as the parties’ agreement specifically provided that defendants would have the absolute right to decline to enter a contract to sell defendant corporation’s assets and would incur no liability to plaintiff broker for so doing, the imposition of liability upon defendants for refusing to negotiate an agreement to sell the assets of defendant corporation to a putative buyer procured by plaintiff would be inconsistent with the terms of the parties’ contractual relationship and negate their established intentions (see, Sheth v New York Life Ins. Co., 273 AD2d 72, 73; see also, Graff v Billet, 101 AD2d 355, 356, affd 64 NY2d 899). Concur — Tom, J.P., Sullivan, Rosenberger, Wallach and Buckley, JJ.

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Order, Supreme Court, New York County (Robert Lippmann, J.), entered August 21, 2000, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously affirmed, with costs.

Inasmuch as the parties’ agreement specifically provided that defendants would have the absolute right to decline to enter a contract to sell defendant corporation’s assets and would incur no liability to plaintiff broker for so doing, the imposition of liability upon defendants for refusing to negotiate an agreement to sell the assets of defendant corporation to a putative buyer procured by plaintiff would be inconsistent with the terms of the parties’ contractual relationship and negate their established intentions (see, Sheth v New York Life Ins. Co., 273 AD2d 72, 73; see also, Graff v Billet, 101 AD2d 355, 356, affd 64 NY2d 899). Concur — Tom, J.P., Sullivan, Rosenberger, Wallach and Buckley, JJ.

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Bluebook (online)

290 A.D.2d 388, 737 N.Y.S.2d 274, 2002 N.Y. App. Div. LEXIS 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rick-consulting-corp-v-associated-food-stores-llc-nyappdiv-2002.

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