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If the print was not delivered, the seller “reserve the right to rescind the transaction and refund must “‘smack[] of intentional wrongdoing’ ... conduct that evinces a reckless indifference to the rights

courts have described the phrase as “fuzzy” because “what is documentary evidence for one purpose, might Phipps could not provide that assurance and requested that Pizzarotti accept a letter of credit from Court said that “even absent additional action by plaintiff, SG Blocks would have enforceable legal rights Thus, concluded the Court, “Phipps would have no legal right to make off with the check and take the agreement, SG Blocks agreed to indemnify them for “the full amount of culpability of any judgment that might

was defrauded, the courthouse doors will, nevertheless, close on the litigant who sits on his or her rights

Plaintiff from doing a complete analysis under the agreement and deprived Plaintiff of its contractual right in question were not collateral to the purchase agreement but were within the scope of the parties’ rights Slip Op. at *2 (citing, Orix Credit Alliance v.

Giambrones assigned to McGuckin their right to challenge the reduction; and, 4. McGuckin waived his right to have the judgment satisfied out of the personal assets of the Giambrones The Gambrones were legally permitted to reach an agreement with respect to their own rights to defense

Although investing millions in the Company, Sandoval was not given any management rights. At the time of his investment, Sandoval’s rights were governed by the Company’s Amended and Restated

“The OA simply sets out the governance of 215 Investors, including the rights and obligations of each

A dispute arose between the parties and plaintiff agreed to give defendant a $400,000 credit and complete exercise "due care" in designing the project, locating utility lines, acquiring necessary property rights

breach of contract was willful, including the impact any such willful misconduct has on plaintiff’s right Credit Suisse Sec. (USA) LLC , 165 A.D.3d 108, 114 (1st Dept. 2018)). Id.

Appeals has repeatedly held that the courts should “analyze oral agreements to determine if … there might contract where there is no provision authorizing either of the parties to terminate as a matter of right covenant of good faith and fair dealing, (3) a declaratory judgment setting forth the scope of his rights “If the terms of the contract ... include[ ] an event which might end the contractual relationship of reduced to a writing signed by all parties, so that in the event of a dispute a court could determine the rights

is governed by the rules of contract interpretation, the courts must “give effect to the contractual rights

breaching party with notice of their default as a condition precedent to taking any action to enforce rights