August 15, 2011

Contracts.


Practice point: When plaintiff misnamed the corporate signatory, who had committed no wrongful conduct, the court will dismiss the action as against this defendant.

Student note: There is nothing inherently unconscionable about a nonreciprocal attorney's fee provision in a commercial contract.

Case: Lansco Corp. v. Kampeas, NY Slip Op 06188 (1st Dept. 2011).


Tomorrow’s issue: Falls on ice.