There is almost nothing more frustrating, or potentially costlier, to a business than a dispute over the meaning of a contract. Such disputes can take many forms. It may be …
In Siwiec v. United Rest. Group Inc., 2019 N.Y. Slip Op. 31152(U) (Sup. Ct. Kings County Apr. 11, 2019) (here), the Court reminds litigants that if they want to bring …
In Deutsche Bank National Trust Co. v. Flagstar Capital Markets, the New York Court of Appeals held that an agreement to “delay the commencement” of the statute of limitations “was …
In today’s 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 “terms of service”. These …
Parties to commercial/business transactions are no doubt familiar with “term sheets”, “letters of intent”, “memoranda of understanding” and “agreements in principle”. As the parties to these documents know, they outline …
Insurance. It is an important part of life. People buy insurance for many reasons, such as for the protection of their health, auto, business and home. The expectation is that …
Commercial contracts often include a liquidated damages clause that provides for the payment of a predetermined amount of damages in the event of a breach by one of the parties. …
In March of this year, this Blog wrote about the voluntary payment doctrine (here) and how it is alive and well in New York. On November 15, 2018, the Appellate …
This Blog has previously written about the enforceability of informal agreements. (Here, here, here, and here.) In that regard, we have noted that an exchange of term sheets, memoranda of …
There are times when a party to a contract wants to be excused from the obligations set forth in their agreement. Under New York, the circumstances under which a court …
