The Second Department Finds No Waiver of Contract Rights
- Jun 13 2025
By: Jonathan H. Freiberger Generally speaking, a party is bound by the terms of a contract[1] to which it is a party. Wu v. Uber Technologies, Inc., 2024 WL 4874383 …
By: Jonathan H. Freiberger Generally speaking, a party is bound by the terms of a contract[1] to which it is a party. Wu v. Uber Technologies, Inc., 2024 WL 4874383 …
By: Jeffrey M. Haber In Idi v. Sela, 2025 N.Y. Slip Op. 01890 (1st Dept. Apr. 1, 2025) (here), the Appellate Division, First Department addressed an issue of contract interpretation …
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: 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 …
This Blog, in “Contract Must be Enforced According to Its Clear and Concise Terms Says Second Department,” analyzed Gristede’s Operating Corp. v. Scarsdale Shopping Ctr. Assoc., LLC, 2019 N.Y. Slip …
This Blog has often written about contract issues; in particular, the enforceability of a contract whether it be oral or written. In today’s post, we examine an implied contract – …
McGuckin v. Privilege Underwriters Reciprocal Exch. was decided by the Appellate Division, Second Department, on July 17, 2019. The facts of McGuckin, at least from the Second Department’s decision, seem …
Frequently, important terms of a contract are intended to be incorporated by reference into other documents. Litigation frequently arises when one party disputes whether the terms of extrinsic documents were …