Parvizan Fine Oriental Rugs, Inc. v. Eclectic Design, LP

How courts have described this case

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

• explaining that, under New York law, “when a breaching party 'has substantially performed' before breaching, 'the other party's performance is not excused.”
• noting that under New York law “the issue of whether a party has substantially performed is usually a question of fact and should be decided as a matter of law only where the inferences are certain.”
• noting that under New York law “the issue of whether a party has substantially performed is usually a question of fact and should be decided as a matter of law only where the inferences are certain.”
• considering appeal of order holding agreement was executory contract and rejection of the agreement terminated creditor’s rights under the agreement
• explaining that expired indemnity obligation is not material
• “The policy behind Chapter 11 of the Bankruptcy Code is the ‘ultimate rehabilitation of the debtor.’”

Source: CourtListener parenthetical corpus (CC0).