1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 201 A.D.3d
  5. 201 A.D.3d 474 (2022)
 

MISAMORE v. GODFREY

Index No. 655980/19. Appeal No. 15040. Case No. 2021-00853.

201 A.D.3d 474 (2022)

156 N.Y.S.3d 841

2022 NY Slip Op 00131

Bruce Misamore, Appellant, v. David Godfrey et al., Respondents.

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

Storch Byrne LLP, New York ( Edward P. Dolido of counsel), for appellant.

Faegre Drinker Biddle & Reath LLP, New York ( Jeffrey S. Jacobson of counsel), for David Godfrey, Steven Theede and Michel Guillenschmidt, respondents.

Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C., New York ( Kevin N. Ainsworth of counsel), for Marc Fleischman, respondent.

Concur—Gische, J.P., Kern, Friedman, Oing, Singh, JJ.

The breach of contract claim is conclusively refuted by the alleged agreement and other documents attached to the complaint, which show that the obligations that plaintiff claims were breached are not contained in the agreement (see Goshen v Mutual Life Ins. Co. of N.Y., 98 N.Y.2d 314, 326 [2002]).

Because defendants were not parties to the alleged agreement, they cannot be held liable for a breach of the implied covenant...

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