Legal Opinion

Studio A Showroom, LLC v. Yoon

Appellate Division of the Supreme Court of the State of New York

Decided October 25, 2012Published

1Opinion of the Court

Although Addison failed to include the pleadings with its motion, the error was properly overlooked, as the pleadings were filed electronically and thus were available to the parties and the court (see Welch v Hauck, 18 AD3d 1096, 1098 [3d Dept 2005], lv denied 5 NY3d 708 [2005]).

Regardless of whether the parties agreed to delete the portion of their agreement containing the termination and integration clauses — a point the parties dispute — the end result was that the agreement did not contain a clause stating that it could be modified only in writing. Further, the record evidence…

2Cases cited3 opinions

  1. Welch v. HauckAppellate Division of the Supreme Court of the State of New York · 2005
  2. Belknap v. Dean Witter & Co., Inc.New York Court of Appeals · 1984
  3. Lansco Corp. v. KampeasAppellate Division of the Supreme Court of the State of New York · 2011

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