VITRO S.A.B. DE C.V. v. AURELIUS CAPITAL MGT., L.P.

8307, 650997/11.

99 A.D.3d 564 (2012)

952 N.Y.S.2d 531

2012 NY Slip Op 6888

VITRO S.A.B. DE C.V., Appellant, v. AURELIUS CAPITAL MANAGEMENT, L.P., et al., Respondents.

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

October 16, 2012.


Plaintiff, a bankrupt glass manufacturer based in Mexico, seeks to hold defendants liable for damages allegedly incurred in connection with statements published in a press release issued in advance of plaintiff's public launch of a proposed reorganization plan. The motion court properly dismissed the breach of contract claim against the non-signatory defendants because in the absence of a contract, there could be no breach (see Pevensey Press v Prentice-Hall, Inc.,

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