United States Second Circuit

In an action for breach of contract, unjust enrichment, and account stated, the dismissal of plaintiff's claims and partial judgment for defendant is affirmed in part where plaintiff failed to prove the causation element of its claim against defendant for breach of the agreement's notice provisions. However, the judgment is reversed in part where plaintiff had a contractual right to receive the order book at issue at the relevant time, and that right was superior to defendant's security interest.

Appellate Information

• Decided 01/06/2011
• Published 01/06/2011

Judges

• Amalya J. Kearse

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Ira S. Sacks, Oliver J. Armas