FRESH DEL MONTE PRODUCE N.V. v. EASTBROOK CARIBE A.V.V.


44 A.D.3d 551 (2007)

845 N.Y.S.2d 7

FRESH DEL MONTE PRODUCE N.V. et al., Plaintiffs, and IAT GROUP, INC., Respondent, v. EASTBROOK CARIBE A.V.V. et al., Appellants.

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

Decided October 25, 2007.


This action arises out of the settlement between the parties of a prior action commenced in 1996. Plaintiffs allege that defendants breached the terms of the settlement in commencing a 2002 action that was dismissed as barred by the settlement agreement and defendants' accompanying release.

On April 26, 2005, plaintiffs amended their complaint to include causes of action for equitable assignment of a release executed by Trumpet Vine Investments (fifth cause of action...

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