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UNITED NATURAL FOODS, INC. v. GOLDMAN SACHS GROUP, INC.

652185/19. Appeal No. 12886. Case No. 2020-02490.

190 A.D.3d 578 (2021)

140 N.Y.S.3d 220

2021 NY Slip Op 00276

United Natural Foods, Inc., Appellant, v. Goldman Sachs Group, Inc., et al., Respondents.

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

Decided January 19, 2021.

Attorney(s) appearing for the Case

Quinn Emanuel Urquhart & Sullivan, LLP, New York ( David M. Cooper of counsel), for appellant.

Cravath, Swaine & Moore LLP, New York ( Michael A. Paskin of counsel), for respondents.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Shulman, JJ.

The breach of contract claim was properly dismissed because both contractual conditions to charging marketing period fees were satisfied.

First, the acquisition closed prior to completion of the marketing period, which began when nonparty Supervalu Inc. filed its second-quarter financial statement on October 15, 2018. The commitment letter is clear that the marketing period was to commence upon delivery of certain specified financial statements, including Supervalu...

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