47 Cited authorities

  1. Greenfield v. Philles Records

    98 N.Y.2d 562 (N.Y. 2002)   Cited 1,911 times   2 Legal Analyses
    Holding a "written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms"
  2. Weissman v. Sinorm Deli

    88 N.Y.2d 437 (N.Y. 1996)   Cited 408 times   6 Legal Analyses
    Characterizing a guaranty as a "contract of secondary liability" thus requiring a guarantor "to make payment only when the primary obligor has first defaulted."
  3. Quadrant Structured Prods. Co. v. Vertin

    2014 N.Y. Slip Op. 4114 (N.Y. 2014)   Cited 156 times   7 Legal Analyses
    Holding that textual omissions in a "no-action clause" placed limits on the situations in which certain parties could and could not bring suit to enforce a contract
  4. Metropolitan Life v. Noble Lowndes

    84 N.Y.2d 430 (N.Y. 1994)   Cited 221 times   1 Legal Analyses
    Holding proof that “defendant's repudiation of the Agreement was motivated exclusively by its own economic self-interest” is insufficient to show willful misconduct
  5. United States F G v. Annunziata

    67 N.Y.2d 229 (N.Y. 1986)   Cited 256 times   1 Legal Analyses
    Recognizing that where condition included in one provision is omitted from another, it “must be assumed to have been intentional under accepted canons of contract construction”
  6. Transit Funding Assocs., LLC v. Capital One Equip. Fin. Corp.

    149 A.D.3d 23 (N.Y. App. Div. 2017)   Cited 34 times
    In Transit Funding Associates, LLC v. Capital One Equipment Finance Cop., 149 A.D.3d 23 (1st Dep't 2017), for instance, New York's First Department Appellate Division held that in the absence of an express "good faith" provision in the parties' contract, a lender's decision to reject future funding requests "for its own business reasons" and in accordance with the terms of the parties' contract could not violate the implied covenant of good faith and fair dealing-even where it knew that its decision to do so would put the borrower out of business.
  7. Embraer Finance Ltd. v. Servicios Aereos Profesionales, S.A.

    42 A.D.3d 380 (N.Y. App. Div. 2007)   Cited 36 times   1 Legal Analyses

    No. 10028. July 26, 2007. Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered June 7, 2006, which granted defendant's motion to vacate a default judgment and denied plaintiffs motion for summary judgment in lieu of complaint, unanimously modified, on the law, to the extent of granting plaintiffs motion, and otherwise affirmed, with costs in favor of plaintiff. The Clerk is directed to enter judgment in plaintiffs favor in the amount of $1,869,824.25, with 9% interest from October

  8. Castle Restoration & Construction, Inc. v. Castle Restoration, LLC

    122 A.D.3d 789 (N.Y. App. Div. 2014)   Cited 22 times   1 Legal Analyses

    2014-01448 11-19-2014 CASTLE RESTORATION & CONSTRUCTION, INC., appellant, v. CASTLE RESTORATION, LLC, et al., respondents.  Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana, LLP, Uniondale, N.Y. (Joseph P. Asselta and David A. Loglisci of counsel), for appellant. Morrone & Associates, P.C., Floral Park, N.Y. (Joseph A. Morrone, Jr., of counsel), for respondents. Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana, LLP, Uniondale, N.Y. (Joseph P. Asselta and David A. Loglisci of counsel),

  9. General Phoenix Corp. v. Cabot

    300 N.Y. 87 (N.Y. 1949)   Cited 167 times
    Reversing denial of summary judgment
  10. Louis Dreyfus Energy Corp. v. MG Ref. & Mktg., Inc.

    2 N.Y.3d 495 (N.Y. 2004)   Cited 28 times
    In Louis Dreyfus, the court considered guaranty obligations that accrued under two contracts to purchase gasoline and fuel oil.