July 10, 2007

Pursuant to a contract, plaintiff markets, sells, and distributes defendant's beverages to retail outlets in a specifically designated geographic area of Manhattan. He brought a breach of contract action after defendant entered into agreements to directly sell its products to public schools and certain municipal entities. The Second Department dismissed the complaint, in McGuckin v. Snapple Distribs., Inc., which was decided on June 26, 2007. The court found that the contract, by its express terms, allowed defendant to market, sell, and distribute products to institutional accounts such as public schools and municipal entities. That was enough for the court, which said that the contact should be given effect according to its plain meaning.