§Why CasetextPricing

Altshuler Shaham Provident Funds, Ltd., Appellant,v.GML Tower, LLC, et al., Defendants, The Pike Company, Inc., et al., Respondents.

Brief

33 Cited authorities

  1. Slatt v. Slatt

    64 N.Y.2d 966 (N.Y. 1985)   Cited 265 times
    Cautioning that "courts may not fashion a new contract under the guise of contract construction," but must "discern the intent of the parties, to the extent that [the parties] evidenced what they intended by what they wrote" (alteration in Slatt )

  2. 805 Third Ave. Co. v. M.W. Realty Associates

    58 N.Y.2d 447 (N.Y. 1983)   Cited 232 times

    Argued February 9, 1983 Decided March 31, 1983 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ANDREW R. TYLER, J. Richard E. Hershenson and Samuel Kirschenbaum for appellant. Jay A. Kranis, Thomas J. Malmud and Barbara L. Levine for respondent. SIMONS, J. In September, 1979 plaintiff, 805 Third Avenue Co., and defendant, M.W. Realty Associates, two limited partnerships, entered into a contract for the sale by defendant of a portion of its air rights to plaintiff

  3. Riverside Syndicate v. Munroe

    2008 N.Y. Slip Op. 1028 (N.Y. 2008)   Cited 64 times
    Noting that the six-year statute of limitations for contract actions "does not make an agreement that was void at its inception valid by the mere passage of time"

  4. Rentways, Inc., v. O'Neill Milk Cream Co.

    308 N.Y. 342 (N.Y. 1955)   Cited 229 times
    Relying on the "well-settled maxim that, where there is ambiguity in the terms of a contract prepared by one of the parties, it is consistent with both reason and justice that any fair doubt as to the meaning of its own words should be resolved against such party."

  5. Kimco of New York, Inc. v. Devon

    163 A.D.2d 573 (N.Y. App. Div. 1990)   Cited 65 times

    July 23, 1990 Appeal from the Supreme Court, Nassau County (Christ, J.). Ordered that the order is reversed insofar as appealed from, with costs, that branch of the plaintiff's motion which was for partial summary judgment is granted, and the matter is remitted to the Supreme Court, Nassau County, for a trial on the issue of damages and entry of an appropriate judgment directing the defendant to convey title to the subject real property to the plaintiff pursuant to the terms of the option dated September

  6. Secured Eq. Investments v. McFarland

    300 A.D.2d 1137 (N.Y. App. Div. 2002)   Cited 29 times
    Holding that an assignee of a mortgage was judicial estopped from taking a position regarding the acceleration of the mortgage that was inconsistent with that taken by the assignor in a prior proceeding

  7. Nichols v. Nichols

    306 N.Y. 490 (N.Y. 1954)   Cited 104 times
    In Nichols v. Nichols (306 N.Y. 490) a separation agreement, ratified by a Nevada decree of divorce, provided for the payment by the husband of $2,500 monthly for the support of a wife and children.

  8. Havel v. Kelsey-Hayes

    83 A.D.2d 380 (N.Y. App. Div. 1981)   Cited 42 times
    Finding minimum royalty payment provision that "doesn't obligate defendant to the payment of minimum royalties" irrelevant, even where plaintiff's "recourse for defendant's failure to complete the annual minimum payment was to withdraw the license"

  9. Moore v. County of Clinton

    219 A.D.2d 131 (N.Y. App. Div. 1996)   Cited 16 times

    April 18, 1996 Appeal from the Supreme Court, Clinton County, Andrew W. Ryan, Jr., J. Iseman, Cunningham, Riester Hyde, L.L.P., Albany (Michael J. McNeil of counsel), for Sher-Don Associates, Inc. and another, appellants. William E. Russell, Keeseville, for respondent. CASEY, J. In 1969 defendant Pacific Lime, Inc. commenced a mortgage foreclosure action on a large tract of land in Clinton County. The action was prolonged and while it was pending defendant County of Clinton took title to several

  10. Nanuet Bank v. Eckerson

    47 N.Y.2d 243 (N.Y. 1979)   Cited 33 times
    Abrogating the appellate division's decision in Ulster Sav. Bank v. Total Communities, Inc., 55 A.D.2d 278, 390 N.Y.S.2d 252, 253 (App.Div. 1976)

  11. Section 2 - Definitions

    N.Y. Lien Law § 2   Cited 247 times
    Defining "contractor"

  12. Section 22 - Building loan contract

    N.Y. Lien Law § 22   Cited 76 times

    A building loan contract either with or without the sale of land, and any modification thereof, must be in writing and duly acknowledged, and must contain a true statement under oath, verified by the borrower, showing the consideration paid, or to be paid, for the loan described therein, and showing all other expenses, if any, incurred, or to be incurred in connection therewith, and the net sum available to the borrower for the improvement, and, on or before the date of recording the building loan