Citation Edit

Peckham Materials Corp. v. Raima Corp., 821 F. Supp. 123 (S.D.N.Y. 1993) (full-text).

Factual Background Edit

Plaintiff, a computer software purchaser, filed an action against defendant software vendor concerning a dispute overly newly developed software and its ownership. Plaintiff filed a motion for leave to file a third amendment complaint. Plaintiff's first complaint was dismissed and his second complaint would be superseded by the proposed third amendment complaint.

District Court Proceedings Edit

The court found that the third amended complaint would not be subject to a motion to dismiss and granted plaintiff's motion. In granting the motion, the court did not imply that the claims were viable. Rather, the court permitted the filing of the complaint because the facts alleged were distinct from just mere legal conclusions and fit the pattern of a claim of breach of an implied contract with its accompanying duty of good faith and reasonable performance. The parties were then directed to revive their efforts at reaching a settlement.

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