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Second Circuit — Contract — Default: Karmely v. Wertheimer
By: Daily Record Staff//December 18, 2013
Second Circuit — Contract — Default: Karmely v. Wertheimer
By: Daily Record Staff//December 18, 2013//
Listen to this articleU.S. Court of Appeals for the Second Circuit
Contract — Default
Ambiguity — Contrary Clauses
Karmely v. Wertheimer
12-3781-cv
Judges Newman, Winter and Droney
Background: The appellants challenge the dismissal of their complaint challenging the foreclosure of collateral for the nonpayment of a loan. The lender issued the agreement to himself and his partner. They challenge that a default occurred permitting foreclosure.
Ruling: The Second Circuit reversed and remanded. The court found that the terms of the agreement were ambiguous. The court noted a contractual clause that prohibits a payment and then provides a turnover requirement in the event payment is made contrary to the prohibition. It was unclear if this negated of the payment prohibition.
David A. Pellegrino of Phillips Nizer for the appellants; Stephen R. DiPrima for the appellees
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
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- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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