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PRESTIGE FOODS, INC. v. WHALE SEC. CO.

243 A.D.2d 281 (1997)

663 N.Y.S.2d 14

Prestige Foods, Inc., et al., Appellants, v. Whale Securities Co., L. P., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

October 7, 1997

Plaintiffs' causes of action for breach of contract, breach of the implied duty of good faith and fair dealing, and promissory estoppel were all properly dismissed as "flatly contradicted" by the letter agreements in issue, which expressly stated that neither party had any legal obligations to the other until both had executed and delivered an underwriting agreement (see, Quail Ridge Assocs. v Chemical Bank,

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