Legal Opinion

Kowalchuk v. Stroup

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

Decided February 10, 2009PublishedCited by 126 opinions

1Opinion of the Court

OPINION OF THE COURT

Saxe, J.

This appeal, concerning a dispute regarding the time at which a negotiated settlement becomes an enforceable contract, requires consideration of some of the most fundamental aspects of the law of contracts: offers, acceptance, and consideration.

Facts

Plaintiff Evelyn Kowalchuk, an 88-year-old widow, and her son, plaintiff Peter Kowalchuk, had invested in brokerage accounts managed by defendant Matthew Stroup. In December 2005, they commenced an arbitration proceeding before the National Association of Securities Dealers (NASD) asserting that Stroup had fraudulently…

2Cases cited9 opinions

  1. Flores v. Lower East Side Services Center, Inc.New York Court of Appeals · 2005
  2. Scheck v. FrancisNew York Court of Appeals · 1970
  3. Moers v. . MoersNew York Court of Appeals · 1920
  4. Jordan Panel Systems Corp. v. Turner Construction Co.Appellate Division of the Supreme Court of the State of New York · 2007
  5. King v. KingAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by126 opinions

  1. Kolchins v. Evolution Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Maxim Group LLC v. Life Partners Holdings, Inc.District Court, S.D. New York · 2010
  3. Oliveira v. SugarmanCourt of Appeals of Maryland · 2017
  4. Kasowitz, Benson, Torres & Friedman, LLP v. ReadeAppellate Division of the Supreme Court of the State of New York · 2012
  5. Massie v. Metropolitan Museum of ArtDistrict Court, S.D. New York · 2009

121 more not listed; retrieve them via the Exa API.

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