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Tag Archives: Contract Interpretation

Fourth Department – Bausch & Lomb Incorporated v. RES Exhibit Services

Appellate Division, Fourth Department Contract Interpretation Plain Language Bausch & Lomb Incorporated v. RES Exhibit Services CA 14-01956 Appealed from Supreme Court, Monroe County Background: The parties entered into a services agreement wherein the plaintiff agreed to pay for the ...

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Fourth Department – Contract Interpretation: Sullivan v. Troser Management

Appellate Division, Fourth Department – Contract Interpretation – Express Language – Stock Purchase   Sullivan v. Troser Management CA 14-00822 Appealed from Supreme Court, Monroe County   Background: The defendant appealed from an order granting the plaintiff’s motion for partial ...

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Fourth Department — Contract Interpretation: Dipizio Construction Company v. Erie Canal Harbor Development

Appellate Division, Fourth Department Contract Interpretation Extrinsic Evidence Dipizio Construction Company v. Erie Canal Harbor Development CA 13-02032 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an article 78 proceeding contending that the defendant had breached its contract ...

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Second Circuit — Contract Interpretation: Franklin Advisors, Inc. v. CDO Plus Master Fund, Ltd.

U.S. Court of Appeals for the Second Circuit Contract Interpretation Extrinsic Evidence — Boilerplate vs. Negotiated Terms Franklin Advisors, Inc. v. CDO Plus Master Fund, Ltd. 12-0168-cv(L); 12-01169-cv(CON); 12-0880-cv(CON) Judges Jacobs, Pooler and Vitaliano Background: A group of shareholders appealed ...

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Fourth Department — Contract Interpretation: Morales v. Asaree Matters Community Center, et al.

Appellate Division, Fourth Department Contract Interpretation Summary Judgment Morales v. Asaree Matters Community Center, et al. CA 12-00459 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries she sustained in a near-drowning incident ...

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Fourth Department — Contract Interpretation: Birdsong Estates Homeowners Assoc. v. The DPS Southwestern Corp.

Appellate Division, Fourth Department Contract Interpretation Ambiguous Language — Extrinsic Evidence Birdsong Estates Homeowners Assoc. v. The DPS Southwestern Corp. CA 12-00877 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking a declaration of the parties’ ...

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Fourth Department — Contract Interpretation: Stillwater Hydro Partners LP v. Stillwater Hydro Associates LLC

Appellate Division, Fourth Department Contract Interpretation Warranty of Suitability Stillwater Hydro Partners LP v. Stillwater Hydro Associates LLC CA 12-00915 Appealed from Supreme Court, Cayuga County Background: The plaintiff appealed from an order denying its motion seeking summary judgment. The ...

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Court of Appeals — Contract Interpretation: Jade Realty LLC v. Citigroup Commercial Mortgage Trust 2005-EMG, et al.

New York State Court of Appeals Contract Interpretation Absent Term Jade Realty LLC v. Citigroup Commercial Mortgage Trust 2005-EMG, et al. No. 185 Memorandum Background: The plaintiff closed on a mortgage loan with the defendant as part of a refinancing ...

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Court of Appeals — Contract Interpretation: Zehng, et al. v. City of New York, et al.

New York State Court of Appeals Contract Interpretation Manifest Intent Zehng, et al. v. City of New York, et al. No. 147 Judge Read Background: The plaintiffs argued that the defendant city was contractually obligated to pay rent subsidies to their ...

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Fourth Department — Contract Interpretation: O’Brien & Gere Limited, et al. v. Nextgen Chemical Processess Inc., et al.

Appellate Division, Fourth Department Contract Interpretation Service Agreement O’Brien & Gere Limited, et al. v. Nextgen Chemical Processess Inc., et al. CA 11-00776 Appealed from Supreme Court, Onondaga County Background: The plaintiffs commenced an action seeking damages resulting from the ...

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Contract Interpretation: Lockheed Martin Corp. v. Retail Holdings, N.V.

U.S. Court of Appeals for the Second Circuit Contract Interpretation Lockheed Martin Corp. v. Retail Holdings, N.V. 09-2766-cv Judges Winter, Leval and B.D. Parker Background: The defendant-appellant appeals from a judgment entered in favor of the plaintiff-appellee after a bench ...

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