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APPLEHEAD v. PERELMAN

602606/07, 3193.

80 A.D.3d 181 (2010)

913 N.Y.S.2d 165

APPLEHEAD PICTURES LLC, Respondent, et al., Plaintiff, v. RONALD O. PERELMAN, Appellant, et al., Defendants.

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

Decided December 2, 2010.

Attorney(s) appearing for the Case

Stillman, Friedman & Shechtman, P.C., New York City ( Charles A. Stillman , Scott M. Himes and Daniel V. Shapiro of counsel), for appellant.

Susman Godfrey LLP, New York City ( Jacob W. Buchdahl , Stephen D. Susman and Rebecca S. Tinio of counsel), for respondent.

ANDRIAS, J.P., SAXE, FRIEDMAN and ACOSTA, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.

The primary issue presented is whether two separately executed agreements—a marital separation agreement and a business operating agreement—can be deemed to be one integrated contract so that an alleged breach of the separation agreement can constitute a breach of the operating agreement that would justify a rescission of obligations under the operating agreement...

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