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Written Agreements Commercial Court

Patterson Belknap Webb & Tyler LLP

Commercial Division Holds Oral Modification to Written Agreement Unenforceable Under New York’s Statute of Frauds

A recent ruling in the Suffolk County Commercial Division highlights the risk a party faces when agreeing to, and later attempting to, enforce an oral modification to a written contract.  In Castle Restoration LLC v. Castle...more

Farrell Fritz, P.C.

Oral Modifications to Written Agreements? Better Get Them in Writing Says the Commercial Division

Farrell Fritz, P.C. on

In Castle Restoration & Constr., Inc. v Castle Restoration, LLC, Suffolk County Commercial Division Justice Elizabeth H. Emerson refused to enforce an oral agreement that allegedly modified a prior written agreement between...more

Farrell Fritz, P.C.

Court Finds No Admissible Evidence of Collusive “Mary Carter Agreement,” Suggests Parties Stop “Flogging” Each Other

Farrell Fritz, P.C. on

Ordinarily, a defendant will not actively try to help the plaintiff prove her case. But even this fundamental principle of the adversarial litigation process has limits. For example, in the criminal context, a defendant may...more

Flaster Greenberg PC

Tip for Avoiding Costly Business Litigation: Always Have a Strong Written Agreement to Govern Your Business

Flaster Greenberg PC on

As a career commercial litigation attorney, I have been asked by several people why I would write a column advising business people on how to avoid needing my services. That’s a good question for which I do not have a good...more

Farrell Fritz, P.C.

Another “Unsigned Agreement” Held Enforceable Where the Parties Intended to be Bound, Despite Not Signing

Farrell Fritz, P.C. on

Not all agreements need to be in writing to be enforced.  Indeed, unless there is an applicable Statute of Frauds, oral agreements are enforceable.  But what if the parties to an agreement — a formal contract — don’t sign? ...more

Farrell Fritz, P.C.

It May Look Like Documentary Evidence, But Is It Under CPLR 3211(a)(1)?

Farrell Fritz, P.C. on

CPLR 3211(a)(1) allows a defendant to seek dismissal of a complaint when the defense is “founded upon documentary evidence.” “Documentary evidence”, however, is not defined by the CPLR – leaving many practitioners in the dark...more

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