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NEW YORK UNIV. v. PFIZER INC.

653590/13. 2069.

151 A.D.3d 42 (2017)

2017 NY Slip Op 03464

53 N.Y.S.3d 284

NEW YORK UNIVERSITY, Appellant, v. PFIZER INC., Respondent.

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

Decided May 2, 2017.

Attorney(s) appearing for the Case

Lerner David Littenberg Krumholz & Mentlik LLP, Westfield, NJ ( Stephen F. Roth of the New Jersey bar, admitted pro hac vice, of counsel), and Kramer Levin Naftalis & Frankel LLP, New York City ( Michael S. Oberman and Roy H. Wepner of counsel), for appellant.

White & Case LLP, New York City ( Dimitrios T. Drivas , Christopher J. Glancy , Gregory Little and Robert Counihan of counsel), for respondent.

MAZZARELLI, J.R. and GISCHE, J., concur with ANDRIAS, J.; MOSKOWITZ and GESMER, JJ., dissent in an opinion by MOSKOWITZ, J.

OPINION OF THE COURT

In this action for breach of contract, plaintiff, New York University (NYU), seeks to recover from defendant, Pfizer, Inc., as the successor in interest to Sugen, Inc., royalties on the sale of the cancer treatment drug, Xalkori®. Xalkori®, a tyrosine kinase receptor (TKR) inhibitor, was approved...

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