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Court of Appeals – Choice of law: Behler v. Kai-Shing Tao
Daily Record Staff//March 31, 2025//
New York State Court of Appeals
Choice of law — Merger clause — Oral agreement
No. 4
Judge Singas
Background: At issue is whether a limited liability company agreement governed by Delaware Law supersedes, by operation of its merger clause, alleged prior oral agreement between the parties.
Ruling: The Court of Appeals held that the plain language of the merger clause extinguishes the oral agreement. The court noted that both agreements involve the same subject matter.
Jesse T. Conan for the appellant; Kerrin Klein for the respondent.
Case Digests
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