Breach of Contract: Repudiation and Abandonment
- Feb 1 2023
By Jeffrey M. Haber Under New York law, a party’s termination of a contract is ineffective when the contract provides for notice and an opportunity to cure, and notice was …
Category: Contract Interpretation
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Contractual Indemnification: Cohen v. Trump Organization LLC
- Nov 16 2022
By: Jeffrey M. Haber As a general matter, indemnity is defined to encompass a duty to make good on any loss, damage, or liability incurred by another. Therefore, when a …
Words Have Meaning
- Oct 19 2022
By: Jeffrey Haber In prior articles, we have talked about the importance of saying what you mean in a contract. (E.g., here and here.) When contracts are clear and unambiguous, …
COVID-19 and The Doctrines Of Frustration Of Purpose and Impossibility of Performance — Part III
- Aug 8 2022
By: Jeffrey M. Haber Previously, this Blog examined the doctrines of frustration of purpose and impossibility of performance in the context of Covid-19 (See here, here, and here). Because the Covid-19 pandemic …
COVID-19, Casualty Loss Clauses, and the Frustration of Purpose Doctrine
- Jul 11 2022
By: Jeffrey M. Haber It has been more than two years since the start of the global pandemic. In the early days of the pandemic, many states imposed emergency measures …
Second Department Affirms Dismissal of Landlord’s Complaint Finding That Tenant Did Not Breach Lease Because Landlord Failed to Timely Obtain All Necessary Approvals for Landlord Build-out
- Jun 27 2022
By Jonathan H. Freiberger Issues relating to contract interpretation are a frequent subject addressed in this Blog. “The fundamental, neutral precept of contract interpretation is that agreements are construed in …
COVID-19 and The Doctrines of Frustration of Purpose and Impossibility — Revisited
- Jun 17 2022
By: Jeffrey M. Haber Previously, this Blog examined the doctrines of frustration of purpose and impossibility of performance in the context of Covid-19 (here and here). The doctrine of frustration …
Settlement By Email . . . All The Material Terms are in There!
- May 25 2022
By: Jeffrey M. Haber In New York, as in other jurisdictions, settlement agreements “are judicially favored, will not lightly be set aside,” and will be enforced “with rigor and without …
Summary Judgment Denied Because Contract Not Clear and Unambiguous and Fraud Not Collateral to The Contract
- May 2 2022
By: Jeffrey M. Haber In Wilsey v. 7203 Rawson Rd., LLC, 2022 N.Y. Slip Op. 02905 (4th Dept. Apr. 29, 2022) (here), the Appellate Division, Fourth Department considered principles of …
Federal Preemption: The FAA Trumps GBL 399-c’s Prohibition of Mandatory Arbitration Agreements
- Apr 13 2022
By: Jeffrey M. Haber Mandatory arbitration has been around for a long time. It is a mechanism used by, among others, businesses to require consumers to arbitrate their disputes rather …
