Giving Two Contract Provisions Their Intended Meaning
- Jan 6 2025
By: Jeffrey M. Haber Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is …
Category: Breach of Contract
Award of Attorney’s Fees With No Basis In Contract, Statute Or Court Rule Reversed On Appeal by The Second Department
- Dec 16 2024
By: Jeffrey M. Haber In almost every litigation, the question that clients most often ask is whether they can get back their attorney’s fees. As we have explained in past articles …
Breach of Contract, The Covenant of Good Faith and Fair Dealing and Unjust Enrichment
- Nov 13 2024
By: Jeffrey M. Haber In Singh v. T-Mobile, 2024 N.Y. Slip Op. 05554 (2d Dept. Nov. 13, 2024) (here), the Appellate Division, Second Department affirmed the dismissal of an action …
Contract Interpretation: Contracts Are To Be Construed in Accordance With The Parties’ Intent
- Nov 4 2024
By: Jeffrey M. Haber Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is …
Pleading Fraud with Particularity, Statute of Limitations and Breach of Contract
- Sep 30 2024
By: Jeffrey M. Haber In Rabinowitz v. Clarke, 2024 N.Y. Slip Op. 04627 ( st Dept. Sept. 26, 2024) (here), the Appellate Division, First Department addressed legal principles and causes of …
GBL 349 and 350, Contractual Privity and The Warranty of Merchantability
- Sep 16 2024
By: Jeffrey M. Haber In Murray v. Samsung Elecs. Am., Inc., 2024 N.Y. Slip Op. 51257(U) (Sup. Ct. Monroe County Sept. 12, 2024) (here), the court was asked to consider …
Intent is Important in Determining Third-Party Beneficiary Status
- Aug 5 2024
By: Jeffrey M. Haber “A third-party beneficiary … is a person or entity that receives benefits from a contract between two other parties, even though they are not a party …
Court Finds the Exchange of Consideration With Respect to Alleged Oral Agreement Involving An At-Will Employee
- Jun 19 2024
By: Jeffrey M. Haber In Noto v. Planck, LLC, 2024 N.Y. Slip Op. 03340 (1st Dept. June 18, 2024) (here), the Appellate Division, First Department examined an at-will employee’s decision …
Caveat Emptor, Disclaimer Clauses and Buying Property “As Is”
- Jun 5 2024
By: Jeffrey M. Haber When parties negotiate an agreement, the terms of which are clear and unambiguous, their writing will be enforced according to its terms. In the event of …
First Department Definitively Holds that an Account Stated Cause of Action is Independent, and Not Duplicative, of a Breach of Contract Cause of Action
- May 17 2024
By Jonathan H. Freiberger Today’s BLOG article touches on two areas of the law on which we have previously written – account stated1 and duplication.2 “An account stated is an …
