Case Studies

The Hartz Consumer Group, Inc. et al v. JWC Hartz Holdings, Inc. et al, 33 AD3d 555 (1st dep't 2006)

Successful representation of Leonard Stern's Hartz Consumer Group in litigation arising from Stern's $300 million sale of The Hartz Mountain Corporation to Boston-based J. W. Childs, L.P. The Appellate Division unanimously affirmed the New York County Commercial Division's dismissal on summary judgment of the buyer's $50 million indemnification claim that Stern guaranteed the success of certain product lines. The case reinforced the principle that indemnification agreements are strictly construed and that business risks identified during due diligence must be specifically addressed in the parties' contract

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