38 Cited authorities

  1. W.W.W. Assocs v. Giancontieri

    77 N.Y.2d 157 (N.Y. 1990)   Cited 1,934 times
    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
  2. Bank of New York v. First Millennium, Inc.

    607 F.3d 905 (2d Cir. 2010)   Cited 398 times   1 Legal Analyses
    Holding that 12 U.S.C. § 1821(d)(D) "bars only claims that could be brought under [FIRREA’s] administrative procedures"
  3. Breed v. Ins. Co. of N. Amer

    46 N.Y.2d 351 (N.Y. 1978)   Cited 806 times   1 Legal Analyses
    Holding that no ambiguity exists where language has "definite and precise meaning, unattended by danger of misconception in the purport of the policy itself, and concerning which there is no reasonable basis for a difference of opinion"
  4. Oppenheimer Co. v. Oppenheim

    86 N.Y.2d 685 (N.Y. 1995)   Cited 346 times   3 Legal Analyses
    Finding that a letter agreement contained an express condition precedent to contract formation where the agreement provided that the contract would be "null and void" unless the condition was fulfilled
  5. MHR Capital Partners LP v. Presstek, Inc.

    2009 N.Y. Slip Op. 5200 (N.Y. 2009)   Cited 230 times
    Holding that language in an escrow agreement stating that contract documents were not to be released “unless and until” a party executed and agreed to a deal on terms outlined in the agreement was an express condition precedent
  6. Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.

    61 N.Y.2d 106 (N.Y. 1984)   Cited 479 times
    Finding that failure to fulfill a condition precedent "excuses performance by the other party whose performance is so conditioned"
  7. In re Westmoreland Coal Co. v. Entech, Inc.

    100 N.Y.2d 352 (N.Y. 2003)   Cited 168 times
    Holding claims that seller breached representations and warranties that its closing balance sheet was prepared in accordance with U.S. GAAP were subject to resolution by the courts, not arbitration
  8. Metropolitan Life v. Noble Lowndes

    84 N.Y.2d 430 (N.Y. 1994)   Cited 188 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
  9. Moran v. Erk

    2008 N.Y. Slip Op. 9255 (N.Y. 2008)   Cited 85 times
    In Moran, the Court of Appeals noted that the attorney approval clause at issue did not expressly limit the grounds on which approval could be withheld.
  10. Madison Avenue Leasehold, LLC v. Madison Bentley Associates LLC

    2006 N.Y. Slip Op. 9502 (N.Y. 2006)   Cited 78 times
    Stating the parol evidence rule