CBS v. ZIFF-DAVIS PUBL. CO.


75 N.Y.2d 496 (1990)

CBS Inc., Appellant, v. Ziff-Davis Publishing Co. et al., Respondents.

Court of Appeals of the State of New York.

Decided April 3, 1990.


Attorney(s) appearing for the Case

Douglas P. Jacobs, Anthony M. Bongiorno and David Boies for appellant.

Leon P. Gold, Robert J. Ward and John P. Stigi III for respondents.

Judges SIMONS, ALEXANDER and TITONE concur with Judge HANCOCK, JR.; Judge BELLACOSA dissents in part and votes to affirm in a separate opinion; Chief Judge WACHTLER and Judge KAYE taking no part.


HANCOCK, JR., J.

A corporate buyer made a bid to purchase certain businesses based on financial information as to their profitability supplied by the seller. The bid was accepted and the parties entered into a binding bilateral contract for the sale which included, specifically, the seller's express warranties as to the truthfulness of the previously supplied financial information.

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