When parties clearly express their intention that a subsequent agreement supersedes a prior one, the latter agreement controls. Thus, when the subsequent agreement contains an arbitration clause, the clause will apply to disputes predating the agreement that were not subject to arbitration.
Deshmukh vs. Kasowitz Benson Torres, LLP, NY Slip Op 06550 (1st Dep't November 10, 2026)
The indemnification claim was properly dismissed because the ndemnification provision is not unmistakably clear in its intention to include attorneys' fees in intra-party disputes. It is not enough that the provision is broad.
Invictus Global Mgt., LLC vs. Corbin Capital Partners, L.P., NY Slip Op 06572 (1st Dep't November 12, 2026)
