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 …
Category: Contract Litigation
Scope of Court Proceedings Limited By Parties’ Agreement
- Apr 2 2025
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 …
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 …
Award of Attorney’s Fees With No Basis In Contract, Statute Or Court Rule Reversed On Appeal by The Second Department
- Dec 16 2024
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 …
Contract Interpretation: Contracts Are To Be Construed in Accordance With The Parties’ Intent
- Nov 4 2024
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 …
Court Holds Text Message Inadmissible Evidence to Support Breach of Contract Claim
- Jan 29 2020
Commercial transactions by their nature involve contracts. Sometimes, the parties involved in such transactions will dispute the meaning of their agreement. It may be that the language used is ambiguous; …
The Importance of Following Termination Provisions of Construction Contracts
- Nov 8 2019
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 …
Court Finds Issues of Fact as To The Existence and Enforceability of An Implied Contract
- Sep 16 2019
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 – …
Appellate Division, Second Department, Holds that an Insurer Cannot Retroactively Reform Insurance Policy After Loss
- Jul 19 2019
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 …
Incorporated by Reference
- Jul 12 2019
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 …
