Legal Opinion
Mallad Construction Corp. v. County Federal Savings & Loan Ass'n
New York Court of Appeals
Decided May 2, 1973PublishedCited by 338 opinions
1Opinion of the CourtBreitel, J.
In an action for breach of a financing contract, plaintiff construction company appeals from an order granting summary judgment to defendant lender. The question is whether a triable issue is raised by general averments, with*288out more, that express cancellation of one agreement by later agreements was not intended to discharge prior breaches of the first agreement.
The order should be affirmed. It is true, of course, that whether a later agreement discharges matured obligations under a prior agreement is a question of intention, as Special Term concluded. Nevertheless whether a submission on…
2Cases cited8 opinions
- Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
- M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
- McCreery v. . DayNew York Court of Appeals · 1890
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Hertz Commercial Leasing Corp. v. Transportation Credit Clearing House, Inc.Civil Court of the City of New York · 1969
3 more not listed; retrieve them via the Exa API.
3Cited by338 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Ashland Management Inc. v. JanienNew York Court of Appeals · 1993
- Sutton v. East River Savings BankNew York Court of Appeals · 1982
333 more not listed; retrieve them via the Exa API.