CPC INTL. v. McKESSON CORP.


134 Misc.2d 834 (1987)

CPC International Inc., Plaintiff, v. McKesson Corporation et al., Defendants.

Supreme Court, New York County.

February 19, 1987


Attorney(s) appearing for the Case

Proskauer Rose Goetz & Mendelsohn (Stephen Rackow Kaye, Claire P. Gutekunst, Catherine McGrath and William S. Wells of counsel), for plaintiff. Paul, Weiss, Rifkind, Wharton & Garrison (Arthur L. Liman, Stuart Robinowitz, Moses Silverman and Abby L. Jennis of counsel), for defendants.


STANLEY L. SKLAR, J.

The principal issues raised by plaintiff's motion for summary judgment are: (1) must plaintiff, in order to recover for breach of warranty, establish reliance upon the warranty? (2) does the language of the contract in issue establish, as a matter of law, that certain assumptions attached to the contract were warranted as having been used in creating projections attached to the contract...

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