Merrill Lynch & Co. Inc. v. Allegheny Energy, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the legal arguments and inferences were insufficient at the summary judgment stage to find that the claimant had substantially performed under New York law
• noting that an express warranty is “part and parcel of the contract containing it and an action for its breach is grounded in contract.”
• explaining that fraud by omission under New York law requires material misrepresentation and reasonable reliance
• noting that the issue of whether a party has committed a material breach “should be decided as a matter of law only where the inferences are certain”
• noting that under New York law, \parallel fraud and contract claims may be brought if the plaintiff ... seeks special damages that are unrecoverable as contract damages\
• noting that a party’s reliance on certain financial information “despite its receipt of a different financial report” may constitute “the sort of recklessness or knowing blindness that raises doubt about its reliance”

Source: CourtListener parenthetical corpus (CC0).