33 Cited authorities

  1. Greenfield v. Philles Records

    98 N.Y.2d 562 (N.Y. 2002)   Cited 1,527 times   1 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. Matter of Express Indus. Terminal Corp. v. Dot

    93 N.Y.2d 584 (N.Y. 1999)   Cited 372 times
    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.
  3. Winston v. Mediafare Entertainment Corp.

    777 F.2d 78 (2d Cir. 1985)   Cited 318 times   3 Legal Analyses
    Holding that the complexity of a transaction dictates that the agreement be "committed to writing prior to becoming effective"
  4. Kowalchuk v. Stroup

    61 A.D.3d 118 (N.Y. App. Div. 2009)   Cited 162 times
    Holding that a contract was formed where one party sent an offer via email
  5. Stonehill Capital Mgmt. LLC v. Bank of the W.

    2016 N.Y. Slip Op. 8481 (N.Y. 2016)   Cited 126 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
  6. Pachter v. Bernard Hodes

    2008 N.Y. Slip Op. 5300 (N.Y. 2008)   Cited 117 times   3 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

    95 N.Y.2d 220 (N.Y. 2000)   Cited 136 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. Scheck v. Francis

    26 N.Y.2d 466 (N.Y. 1970)   Cited 205 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
  9. O'Dell v. Trans World Entertainment Corp.

    153 F. Supp. 2d 378 (S.D.N.Y. 2001)   Cited 79 times
    Holding that one year delay in reporting was unreasonable as a matter of law
  10. Smalley v. Dreyfus Core

    2008 N.Y. Slip Op. 1252 (N.Y. 2008)   Cited 61 times   1 Legal Analyses
    Finding Stewart distinguishable because "plaintiffs alleged no injury separate and distinct from termination of their at-will employment"