FRESENIUS KABI USA, LLC v. HETERO USA, INC.

11642. 651871/18.

184 A.D.3d 459 (2020)

123 N.Y.S.3d 828

2020 NY Slip Op 03285

Fresenius Kabi USA, LLC, Appellant, v. Hetero USA, Inc., Respondent.

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

Decided June 11, 2020.


Plaintiff seeks damages for lost profits resulting from defendant's alleged breach of the parties' "Product Distribution Agreement." The agreement contains a limitation of liability clause that provides, in pertinent part, "Except for indemnification obligations under this agreement, no party shall be liable to the other party for indirect, incidental, special or consequential damages arising out of performance under this agreement, including without limitation, loss of ...

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