Giving Two Contract Provisions Their Intended Meaning
- Jan 6 2025
By: Jeffrey M. Haber Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is …
By: Jeffrey M. Haber Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is …
By: Jeffrey M. Haber In almost every litigation, the question that clients most often ask is whether they can get back their attorney’s fees. As we have explained in past articles …
By: Jonathan H. Freiberger This BLOG has written frequently about the substance and scope of general releases.[1] As noted in prior BLOG articles, in New York, “a valid release constitutes …
By: Jeffrey M. Haber Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is …
By: Jonathan H. Freiberger A notice of pendency (or lis pendens) is a provisional remedy available to litigants seeking a judgment that affects title to real property. 5303 Realty Corp. …
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 …