Contracts are often at the heart of business and commercial disputes. Not all contract disputes result in litigation. A well-drafted contract can often prevent or resolve a dispute before the …
Many contracts require that a party procure an “Additional Insured” endorsement to their commercial general liability (and similar) insurance policies. Generally, the purpose of an “Additional Insured” endorsement is to …
It is widely known that there is a residential foreclosure crisis throughout the country and New York State is no exception. The New York State Legislature responded by promulgating a …
Black’s Law Dictionary has defined “escheat” as “[a] reversion of property to the state in consequence of a want of any individual competent to inherit.” Many people are aware that …
The claim of assumpsit (from the Latin indebitatus assumpsit) was “developed to redress circumstances involving unjust enrichment or to ‘prevent a man from retaining the money of, or some benefit …
Implicit in every contract is a covenant of good faith and fair dealing. New York Univ. v. Continental Ins. Co., 87 N.Y.2d 308, 318 (1995). “The covenant is breached where …
When disputes arise over the meaning of a contract or a clause within a contract, courts are called upon to interpret the agreement to give it meaning. Courts in textualist …
The foundation of virtually every business and commercial transaction is a contract. Indeed, it is hard to imagine any transaction for the purchase or sale of goods, the merger or …
As a general matter, when parties negotiate an agreement in a clear and unambiguous document, their writing will be enforced according to its terms. Evidence outside the four corners of …
Robocalls. We all get them. They are annoying. But, are they legal? Not surprisingly, the answer depends on the circumstances involved. In 1991, Congress passed the Telephone Consumer Protection Act …
