March 23, 2010

Contracts.

Practice point: The agreement should be read as a whole to ensure that undue emphasis is not placed on particular words and phrases.

Students should note that extrinsic evidence may not be considered unless it is determined as a matter of law that the agreement is ambiguous.

Case: Burlington Ins. Co. v. Utica First Ins. Co., NY Slip Op 01906 (2d Dept. 2010)

The opinion is here.

Tomorrow's issue: Motion practice.