§Why CasetextPricing

PAF-PAR LLC, Appellant,v.Michael Silberberg, et al., Respondents.

Brief

25 Cited authorities

  1. Wallace v. 600 Partners Co.

    86 N.Y.2d 543 (N.Y. 1995)   Cited 359 times   3 Legal Analyses
    Explaining that "[t]he rules governing the construction of ambiguous contracts are not triggered unless the court first finds an ambiguity"

  2. Citibank v. Plapinger

    66 N.Y.2d 90 (N.Y. 1985)   Cited 450 times   2 Legal Analyses
    Holding that although guarantors submitted sufficient evidence to support finding they signed guaranty in reliance on false statement bank was "committed to extend[ing] to the [borrower] an additional line of credit," guarantors' defense was foreclosed by language in guaranty providing that guarantors' obligations were "absolute and unconditional" irrespective of any "circumstance which might otherwise constitute a defense"

  3. Chapel v. Mitchell

    84 N.Y.2d 345 (N.Y. 1994)   Cited 223 times
    Holding that while the "common-law right of indemnification against the party actually at fault encompasses the right to recover attorneys' fees, costs, and disbursements incurred in connection with defending the suit brought by the injured party, . . . [a]s to the third-party action, however, we conclude that the legal expenses incurred in its prosecution are not recoverable"

  4. Sheth v. New York Life Insurance Company

    273 A.D.2d 72 (N.Y. App. Div. 2000)   Cited 151 times
    Holding that the challenged practices were not consumer-oriented under § 349 because they were directed only at prospective insurance agents

  5. Madison Avenue Leasehold, LLC v. Madison Bentley Associates LLC

    2006 N.Y. Slip Op. 9502 (N.Y. 2006)   Cited 88 times
    Stating the parol evidence rule

  6. Laba v. Carey

    29 N.Y.2d 302 (N.Y. 1971)   Cited 185 times
    Holding that a court must interpret a contract to give each provision its full force and effect

  7. Compagnie Financiere v. Merrill Lynch

    188 F.3d 31 (2d Cir. 1999)   Cited 64 times   1 Legal Analyses
    Upholding a guarantee even though underlying obligation of debtor had been discharged

  8. Chemical Bank v. Meltzer

    93 N.Y.2d 296 (N.Y. 1999)   Cited 56 times
    In Chemical Bank v. Meltzer, 93 N.Y.2d 296, 690 N.Y.S.2d 489, 712 N.E.2d 656 (1999), the New York Court of Appeals concluded that the relationship between the guarantor and the primary obligor must determine the guarantor's status as a co-obligor or a surety, notwithstanding language in the contract purporting to render the guarantor a co-obligor.

  9. 4 USS LLC v. DSW MS LLC

    120 A.D.3d 1049 (N.Y. App. Div. 2014)   Cited 31 times

    2014-09-11 4 USS LLC, as successor in interest to 40 East 14 Realty Associates LLC, Plaintiff–Appellant, v. DSW MS LLC, as successor in interest to Retail Ventures, Inc., Defendant–Respondent. Sullivan & Cromwell LLP, New York (Robert J. Giuffra, Jr. of counsel), for appellant. Friedman Kaplan Seiler & Adelman LLP, New York (Daniel B. Rapport of counsel), for respondent. SAXE Sullivan & Cromwell LLP, New York (Robert J. Giuffra, Jr. of counsel), for appellant. Friedman Kaplan Seiler & Adelman LLP

  10. Recovery v. Shih-Hsieh

    141 A.D.2d 272 (N.Y. App. Div. 1988)   Cited 69 times

    November 22, 1988 Appeal from the Supreme Court, New York County, Beatrice Shainswit, J. Arnold Koenig of counsel (Margolies Koenig, attorneys), for respondent-appellant. Elliot B. Pasik of counsel (Rivkin, Radler, Dunne Bayh, attorneys), for appellants-respondents. SULLIVAN, J.P. Recovery Consultants, Inc., as assignee of the Sands Hotel, seeks the recovery of $1,000,000 and accrued interest from March 1982 against Marilan Shih-Hsieh and her son, Nelson, who were guests of the hotel at the time