Contract Interpretation: Words Have Meaning
- Jul 3 2024
By: Jeffrey M. Haber As readers of this Blog know, we have frequently written about how courts enforce contracts that are clear and unambiguous. In fact, many of our articles …
Category: Commercial Litigation
Who is Considered a “Borrower” for Notice Purposes Under RPAPL 1304
- Jun 28 2024
By Jonathan H. Freiberger On numerous occasions, this Blog has addressed issues related to RPAPL 1304. [Eds. Note: to view this Blog’s prior articles on RPAPL 1304, kindly type “RPAPL …
Typographical Errors, Grammatical Mistakes, and Other Obvious Errors Do Not Render a Contract Ambiguous, Says The New York Court of Appeals
- Jun 24 2024
By: Jeffrey M. Haber In a prior post, we examined the impact of proofreading failures when drafting an agreement (here). In MAK Technology Holdings Inc. v. Anyvision Interactive Technologies Ltd., …
THE FIRST DEPARTMENT DECIDES AN ISSUE OF FIRST IMPRESSION RELATED TO THE MAILING REQUIREMENT WHEN SERVICE OF PROCESS IN MADE PURSUANT TO CPLR 308(2)
- Jun 21 2024
By Jonathan H. Freiberger In today’s BLOG we discuss AMK Capital Corp. v. Plotch., a case decided on June 18, 2024, by the Appellate Division, First Department, that involves, inter …
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 …
Court Strikes Complaint As Sanction For Spoliating Evidence
- Jun 17 2024
By: Jeffrey M. Haber Section 3101 of the Civil Practice Law and Rules (“CPLR”) provides that, in general, “there should be full disclosure of all matter material and necessary in the …
STATUTE OF LIMITATIONS IN THE TIME OF COVID – THE SECOND DEPARTMENT DECIDES AN ISSUE OF FIRST IMPRESSION FOR NEW YORK APPELLATE COURTS RELATED TO MORTGAGE FORECLOSURE ACTIONS AND COVID-19 TOLLS
- Jun 14 2024
By Jonathan H. Freiberger In today’s BLOG we discuss Trento 67, LLC v. One West Bank, N.A., a case decided on June 12, 2024, by the Appellate Division, Second Department, …
Guaranty Provision Referencing “Other Obligations” Held Insufficient To Defeat Motion For Summary Judgment In Lieu Of Complaint
- Jun 10 2024
By: Jeffrey M. Haber Over the years, we have examined a motion for summary judgment in lieu of a complaint under CPLR § 3213 (see, e.g., here, here, here, here, and here). Sometimes, the case that we …
CONTRACT INTERPRETATION IN THE TIME OF COVID
- Jun 7 2024
By Jonathan H. Freiberger A significant part of commercial business dealings involves the drafting and interpretation of contracts. Accordingly, when disputes arise amongst businesspeople, interpretation of the agreements governing the …
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 …
