By: Jeffrey M. Haber In the world of e-commerce, a person cannot buy something online, subscribe to a service, or join a club or organization without agreeing to the provider’s …
By: Jeffrey M. Haber In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 2024 N.Y. Slip Op. 03798 (1st Dept. July 11, 2024) (here), the Appellate Division, First Department was …
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 …
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., …
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 …
By: Jeffrey M. Haber When parties enter into a contract, each assumes that the language in their agreement accurately memorializes their understandings and intentions. For this reason, when a dispute …
By: Jeffrey M. Haber In Cline v. Grodin, 2024 N.Y. Slip Op. 02586 (1st Dept. May 9, 2024) (here), the Appellate Division, First Department was asked to consider whether an …
By: Jeffrey M. Haber The foundation of virtually every business and commercial transaction is a contract. It is difficult to imagine a transaction for the purchase or sale of goods, the …
In Stagen v. Neu, 2023 N.Y. Slip Op. 06105 (1st Dept. Nov. 28, 2023) (here), the Appellate Division, First Department addressed an issue of contract interpretation involving a word in …
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 …
