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· 7/9/2004

Pignataro v. Pignataro

Citations

  • 9 A.D.3d 890
  • 779 N.Y.S.2d 374
  • 2004 N.Y. App. Div. LEXIS 9539

How courts have described this case

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

  • finding, in analyzing frustration defense, that “purpose of the . . . agreement is evident from the plain language of the contract,” especially where “the parties’ intent [is] clearly expressed within the four corners of their writing”
  • frustration of purpose applies when “a change in circumstances makes one party’s performance virtually worthless to the other, frustrating his purpose in making the contract”
  • payee unable to invoke frustration-of-purpose doctrine to excuse payment of self-storage contract in New Orleans following Hurricfane Katrina
  • “For a party to a contract to invoke frustration of purpose as a defense for nonperformance, the frustrated purpose must be so completely the basis of the contract that, as both parties understood, without it, the transaction would have made little sense.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.