Trivial Breaches and Form Over Substance
- Apr 29 2025
By: Jeffrey M. Haber The elements of a claim for breach of contract are straightforward. The movant must establish: (1) the existence of a valid contract, (2) the plaintiff’s performance …
Category: Conditions Precedent
New York Court of Appeals Examines the Enforceability of a Contract’s Two-Year Suit Limitation Period
- Dec 2 2024
By: Jeffrey M. Haber In Farage v. Associated Ins. Mgt. Corp., 2024 N.Y. Slip Op. 05875 (Nov. 26, 2024) (here), the New York Court of Appeals examined the enforceability of …
TAKE NOTICE OF THE NOTICE PROVISIONS IN YOUR MORTGAGE
- Apr 9 2021
Promissory notes and mortgages, like many other contracts, frequently contain provisions requiring a non-breaching party to provide the breaching party with notice of their default as a condition precedent to …
