Extract to table
Pull the structured facts out of a document: parties, dates, amounts, obligations.
Extract to table / memo-of-law-answer-counterclaims.docx
memo-of-law-answer-counterclaims.docx
Parties
HARKNESS LLP
Associates LLC
BRB's SA
Atlantic Basin Marine Corp
Stern LLP
Severin LLP
Mandarin Trading Ltd
Smith Barney Inc
Dates
November 22, 2024
October 18, 2024
August 12, 2024
October 6, 2023
June 15, 2021
June 15, 2028
June 15, 2026
March 31, 2023
March 8, 2023
April 3, 2024
Amounts
$47.3
$17,456,212
$12,500,000
$4,500,000
$6.5
$22,000,000
$14,000,000
$8,000,000
$18,700,000
$2,000,000
Obligations
CPLR 3016(b) requires that "[w]here a cause of action or defense is based upon misrepresentation, fraud, mistake, willful default, breach of trust or undue influence, the circumstances constituting the wrong shall be stated in detail
As the Court of Appeals held in Danann Realty, where a contract contains a provision in which the plaintiff "specifically disclaims" reliance on representations of the type at issue, the plaintiff's fraud claim must be dismissed because the disclaimer establishes as a matter of law that the plaintiff did not rely on the alleged representations
Under New York law, every contract contains an implied covenant of good faith and fair dealing, which pledges that "neither party shall do anything which will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract