106 Cited authorities

Greenfield v. Philles Records
98 N.Y.2d 562 (N.Y. 2002) Cited 1,996 times 3 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"
W.W.W. Assocs v. Giancontieri
77 N.Y.2d 157 (N.Y. 1990) Cited 2,251 times 6 Legal Analyses
Holding that extrinsic evidence was immaterial, in part because the contract plainly manifested intent that all prior understandings were merged into the contract, which expressed the parties' full agreement
Harris v. Seward Park
79 A.D.3d 425 (N.Y. App. Div. 2010) Cited 876 times
Holding that "elements of such a [breach of contract] claim include the existence of a contract, the plaintiff's performance thereunder, the defendant's breach thereof, and resulting damages."
Zumpano v. Quinn
2006 N.Y. Slip Op. 1245 (N.Y. 2006) Cited 429 times 2 Legal Analyses
Holding that a party must establish "subsequent and specific actions by defendants somehow kept them from timely bringing suit"
Ely-Cruikshank Co. v. Bank
81 N.Y.2d 399 (N.Y. 1993) Cited 507 times
Holding that the statute of limitations accrues from time of breach
Reiss v. Financial Performance Corporation
97 N.Y.2d 195 (N.Y. 2001) Cited 387 times 1 Legal Analyses
Holding courts "may not by construction add or excise terms, nor distort the meaning of those used and thereby make a new contract for the parties under the guise of interpreting the writing."
Cruden v. Bank of New York
957 F.2d 961 (2d Cir. 1992) Cited 490 times 1 Legal Analyses
Holding that a RICO injury does not occur until a debtor defaults on promised principal and equity payments
Quadrant Structured Prods. Co. v. Vertin
2014 N.Y. Slip Op. 4114 (N.Y. 2014) Cited 167 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
Metropolitan Life v. Noble Lowndes
84 N.Y.2d 430 (N.Y. 1994) Cited 231 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
Hahn Auto. Warehouse, Inc. v. Am. Zurich Ins. Co.
2012 N.Y. Slip Op. 2344 (N.Y. 2012) Cited 141 times
Assuming there is a right to payment when the party has the contractual right to, and does, demand unconditional payment
Section 2-725 - Statute of Limitations in Contracts for Sale
N.Y. U.C.C. Law § 2-725 Cited 429 times 2 Legal Analyses
Stating that a cause of action for breach of warranty accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach
Section 206 - Computing periods of limitation in particular actions
N.Y. CPLR 206 Cited 145 times
(a) Where demand necessary. Except as provided in article 3 of the uniform commercial code, where a demand is necessary to entitle a person to commence an action, the time within which the action must be commenced shall be computed from the time when the right to make the demand is complete, except that 1. where a right grows out of the receipt or detention of money or property by a trustee, agent, attorney or other person acting in a fiduciary capacity, the time within which the action must be commenced
Section 860G - Other definitions and special rules
26 U.S.C. § 860G Cited 33 times 1 Legal Analyses
Defining qualified mortgages that REMICs may hold
Section 229.1111 - (Item 1111) Pool assets
17 C.F.R. § 229.1111 Cited 13 times
Describe the pool assets, including the information required by this Item 1111. Present statistical information in tabular or graphical format, if such presentation will aid understanding. Present statistical information in appropriate distributional groups or incremental ranges in addition to presenting appropriate overall pool totals, averages and weighted averages, if such presentation will aid in the understanding of the data. In addition to presenting the number, amount and percentage of pool

ACE Securities Corp.,, Appellant,v.DB Structured Products, Inc., Respondent.

106 Cited authorities

Holding a "written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms"

Holding that extrinsic evidence was immaterial, in part because the contract plainly manifested intent that all prior understandings were merged into the contract, which expressed the parties' full agreement

Holding that "elements of such a [breach of contract] claim include the existence of a contract, the plaintiff's performance thereunder, the defendant's breach thereof, and resulting damages."

Holding that a party must establish "subsequent and specific actions by defendants somehow kept them from timely bringing suit"

Holding that the statute of limitations accrues from time of breach

Holding courts "may not by construction add or excise terms, nor distort the meaning of those used and thereby make a new contract for the parties under the guise of interpreting the writing."

Holding that a RICO injury does not occur until a debtor defaults on promised principal and equity payments

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

Holding proof that “defendant's repudiation of the Agreement was motivated exclusively by its own economic self-interest” is insufficient to show willful misconduct

Assuming there is a right to payment when the party has the contractual right to, and does, demand unconditional payment

Stating that a cause of action for breach of warranty accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach

Defining qualified mortgages that REMICs may hold