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CAS MARKETING & LICENSING CO. v. JAY FRANCO & SONS, INC.

Index No. 654563/16. Appeal No. 12408. Case No. 2019-03953.

188 A.D.3d 522 (2020)

137 N.Y.S.3d 1

2020 NY Slip Op 06704

CAS Marketing & Licensing Co., Respondent, v. Jay Franco & Sons, Inc., Appellant.

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

Decided November 17, 2020.

Admissions by defendant, both formal in the form of responses to requests for admissions and informal in the form of deposition testimony, establish the implied-in-fact contract between the parties, its enforceability, defendant's breach by failing to pay in full, and the resulting quantum of damages (see Maas v Cornell Univ., 94 N.Y.2d 87, 93 [1999]). Initially, defendant disputes the weight of its informal admissions. While it...

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