Matec Slr v. Gramercy Holdings I, Llc.

2021 WL 1226956 (2021)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P sold two filtration machines to D in 2017. In July 2019, the two companies signed two additional contracts. The first required D to perform a variety of maintenance activities (so-called punch list items) on the filter presses sold under the 2017 contract. Under the second contract, P sold D an additional filter press and two cube filter presses. The manufacturing agreement expressly conditioned payment for the new filter presses on P's performance under the punch list agreement for the two filtration machines sold in 2017. P alleges that D thwarted its performance under the punch list agreement by repeatedly changing its standards for P's work on the filter presses, impeding access to the plant where the filter presses were located, failing to adequately clean and maintain the filter presses, and refusing to accept parts for the filter presses that it had accepted during the bidding process. P notified D on April 7, 2020, that its work on the first two filter presses was complete. P responded that it would make no further payments on the new machines. D sued P on May 21, 2020, alleging that P had failed to deliver filter presses that lived up to its representations or complete its obligations under the punch list agreement. P filed this suit eight days later. P asserts claims for breach of contract, breach of the implied covenant of good faith and fair dealing, tortious interference, and trade secret misappropriation. D moved to dismiss.