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Claims of Breach of Contract and Failure to Satisfy Conditions Precedent Proceed Past Motion to Dismiss Stage
In Greer v. FAM Networks, LLC, 2026 N.Y. Slip Op. 04039 (1st Dept. June 25, 2026), the Appellate Division, First Department, held that a complaint alleging breach of a media exploitation agreement sufficiently pleaded the elements of a contract claim by identifying the agreement, claiming performance, alleging nonpayment and failure to account, and asserting resulting damages.

Jeffrey Haber
Jun 295 min read


When “Some, All, or None” Means Something Different: Ambiguity in Contractual Duties and Compensation
Contract interpretation principles require courts to give effect to the parties’ intent as expressed in the plain language of their agreement, while reading the contract as a whole and avoiding constructions that render provisions meaningless.

Jeffrey Haber
May 207 min read


Court of Appeals Held that “Good Guy Guarantor” Finished First
In 1995 Cam LLC v. West Side Advisors, LLC, the Court of Appeals held that a “good guy” guarantor’s liability under a commercial lease ends when the tenant vacates and surrenders possession, not when the landlord accepts the surrender.

Jonathan Freiberger
Oct 24, 20256 min read


The Second Department Finds No Waiver of Contract Rights
Generally speaking, a party is bound by the terms of a contract[1] to which it is a party. Thus, contracts should be enforced according to their terms when they are “clear and unambiguous”.This is so even when a party fails to read the contract prior to executing same (Id. at 5,*7 and 11) or if the signer does not understand the English language.

Jonathan Freiberger
Jun 13, 20254 min read
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