1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 200 A.D.3d
  5. 200 A.D.3d 594 (2021)
 

STATE OF N.Y. EX REL. CAVALLINO CONSULTING, LLC v. STRYKER CORP.

Index No. 100825/18. Appeal No. 14911. Case No. 2020-04561.

200 A.D.3d 594 (2021)

155 N.Y.S.3d 771

2021 NY Slip Op 07500

State of New York ex rel. Cavallino Consulting, LLC, et al., Appellants, v. Stryker Corporation et al., Respondents.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Morrison Cohen LLP, New York ( David A. Piedra of counsel), for appellants.

Gibbons P.C., New York ( Daniel S. Weinberger of counsel), for respondents.

Concur—Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.

The contract between these sophisticated parties is ambiguous as to whether "shipping costs" refers to the actual amount paid by defendants or the amount they charged based on the standard list prices for shipping by various carriers (see Ashwood Capital, Inc. v OTG Mgt., Inc., 99 A.D.3d 1, 7 [1st Dept 2012]).

As defendants were therefore acting according to a reasonable interpretation of their legal obligations, relator...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases