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· 11/26/1963

Clearview Gardens Pool Club, Inc. v. Foley

Citations

  • 19 A.D.2d 905
  • 244 N.Y.S.2d 969
  • 1963 N.Y. App. Div. LEXIS 2827

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “the general rule [is] that ‘contract claims,’ including those based on event default provisions, ‘arise upon execution of an agreement’”
  • counterclaims for attorney’s fees and costs under the provisions of a prepetition contract were unsecured contingent claims that were within the contemplation of the parties when they executed the contract
  • “In this case, the Trust’s litigation on the Contracts was entirely foreseeable, certainly within the appellees’ contemplation at the time of Contract execution with the protective Clauses (a point the appellees do not dispute

Source: CourtListener parenthetical corpus (CC0).

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