In Levy v. Zimmerman, 2021 NY Slip Op 50738(U),the NY County Commercial Division Court relied on the rule of interpretation known as "ejusdem generis" held that the words “any and all income” in a contract preceding a list of specified types of [royalty] income did not expand the scope of income to which the words "any and all" applied because when a general phrase [such as any and all] follows a list of specific terms, the general phrase must be interpreted to refer to items that are similar to the items that are specifically listed. Thus, the party who had a contractual right to a percentage of the income received by the Licensor (from the royalties that the Licensor received from third-parties) does not have a right to any income received by the Licensor from the sale of Licensor's complete (full) rights to the underlying item on which the royalties income is derived.

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Return home Blog “Ejusdem generis” applies to a contract; thus, items listed after “any and all” are interpreted to mean items that are similar to the listed items

“Ejusdem generis” applies to a contract; thus, items listed after “any and all” are interpreted to mean items that are similar to the listed items

Posted on August 27, 2021

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