§Why CasetextPricing

Andrew Kolchins, Respondent,v.Evolution Markets, Inc., Appellant.

Brief

33 Cited authorities

  1. Greenfield v. Philles Records

    98 N.Y.2d 562 (N.Y. 2002)   Cited 1,913 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. Stonehill Capital Mgmt. LLC v. Bank of the W.

    2016 N.Y. Slip Op. 8481 (N.Y. 2016)   Cited 332 times
    Holding that a seller must send a "a forthright, reasonable signal" that "remove any doubt of the parties' intent" to hold an auction that does not function in the normal manner

  3. Matter of Express Indus. Terminal Corp. v. Dot

    93 N.Y.2d 584 (N.Y. 1999)   Cited 483 times   1 Legal Analyses
    In Matter of Exp.Indus. and Terminal Corp., 93 N.Y.2d 584, 591, 693 N.Y.S.2d 857, 715 N.E.2d 1050 (1999)..... Likewise, in Joseph Martin, Jr., Delicatessen, Inc. v. Schumacher, the court struck a renewal clause in a lease providing for future agreement on rent as overly vague.

  4. Kowalchuk v. Stroup

    61 A.D.3d 118 (N.Y. App. Div. 2009)   Cited 234 times
    Holding that a contract was formed where one party sent an offer via email

  5. Winston v. Mediafare Entertainment Corp.

    777 F.2d 78 (2d Cir. 1985)   Cited 385 times   3 Legal Analyses
    Holding that the complexity of a transaction dictates that the agreement be "committed to writing prior to becoming effective"

  6. Pachter v. Bernard Hodes

    2008 N.Y. Slip Op. 5300 (N.Y. 2008)   Cited 145 times   5 Legal Analyses
    Holding that parties "may provide that the computation of a commission will include certain downward adjustments from gross sales, billings or receivables . . . commission will not be deemed 'earned' or vested until computation of the agreed-upon formula"

  7. Truelove v. Northeast Capital & Advisory, Inc.

    95 N.Y.2d 220 (N.Y. 2000)   Cited 160 times   2 Legal Analyses
    Holding plaintiff not entitled to receive remaining quarterly awards where agreement "explicitly predicated the continuation of bonus payments upon the recipient's continued employment status" and plaintiff resigned after receiving first payment

  8. Smalley v. Dreyfus Core

    2008 N.Y. Slip Op. 1252 (N.Y. 2008)   Cited 78 times   1 Legal Analyses
    Finding Stewart distinguishable because "plaintiffs alleged no injury separate and distinct from termination of their at-will employment"

  9. O'Dell v. Trans World Entertainment Corp.

    153 F. Supp. 2d 378 (S.D.N.Y. 2001)   Cited 91 times
    Holding that one year delay in reporting was unreasonable as a matter of law

  10. Scheck v. Francis

    26 N.Y.2d 466 (N.Y. 1970)   Cited 219 times
    Holding that a cover letter "written for the sole purpose of forwarding the documents to the parties for signature" from which it was "impossible to infer . . . an intent . . . to bring a contract into being" is insufficient to satisfy the Statute of Frauds