B.N. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P. v. BRIN INV. CORP.

7867, 7868, 604074/06, 590094/08, 604452/06.

96 A.D.3d 447 (2012)

945 N.Y.S.2d 556

2012 NY Slip Op 4395

B.N. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P., Respondent, v. BRIN INVESTMENT CORP., Appellant and Third-Party Plaintiff-Appellant. BRIN MANAGEMENT LLC, Third-Party Defendant-Respondent. BRIN INVESTMENT CORP., Appellant, v. D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P., Respondent.

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

June 7, 2012.


The trial court correctly instructed the jury on the alternative legal theories, ratification and novation, by which Brin Investment, a nonsignatory to the agreement, could be bound by the agreement. To the extent Brin Investment argues that the evidence was insufficient to support a finding of novation, its claim is unpreserved since it did not move for a directed verdict at the close of the evidence (see Santiago v New York City Hous. Auth., 268...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases