In Bank of America, N.A. v. Filho (N.Y. Sup. Ct. Index No. 654603/2019), the Court held that CPLR 3213 allows summary judgment in lieu of complaint only if the claim is based on instruments for the payment of money only. Thus, an instrument, such as a personal guarantee...
Category: Contract interpretation
Successful Contract Negotiation Strategies for Business Owners
As a business owner, the contracts you enter can make or break you. Practically all business contracts require negotiations. Therefore, the key to ensuring that the contracts you enter are beneficial to your business is knowing how to successfully negotiate. In this article, we provide you with some tips for ensuring successful...
Remedy specified in a contract is not subject to “other available remedies” clause in that contract
In Highline LLC v. 514 W. 24th St. Partners LLC, 2021 NY Slip Op. 31042(U), the Court held that when the contract itself specifies the remedy for a party's violation of a particular clause in the contract, that specified remedy will prevail and be enforced over another clause...
Effective Tips to Help Review Contracts
You should never sign a contract until you’ve performed a full and thorough review. However, if you are inexperienced with contracts, it can be difficult to distinguish between routine and important contractual issues. In this article, we discuss some key things to look out for when reviewing a contract.