RICK CONSULTING CORP. v. ASSOCIATED FOOD STORES, LLC


290 A.D.2d 388 (2002)

737 N.Y.S.2d 274

RICK CONSULTING CORP., Appellant, v. ASSOCIATED FOOD STORES, LLC, et al., Respondents.

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

Decided January 31, 2002.


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...

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