MADISON APPAREL GROUP LTD. v. FILIPACCHI PRESSE, S.A.


52 A.D.3d 385 (2008)

861 N.Y.S.2d 296

MADISON APPAREL GROUP LTD., Appellant, v. HACHETTE FILIPACCHI PRESSE, S.A., et al., Respondents.

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

Decided June 19, 2008.


The complaint alleges that defendants had peculiar and superior knowledge of their ongoing negotiations with a third-party licensee, that plaintiff was unable to discern such negotiations through the use of reasonable intelligence or due diligence, and that defendants were aware that plaintiff sought to terminate the parties' agreement at least in part due to its lack of knowledge about the negotiations. These allegations, which for purposes of this motion to dismiss pursuant...

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