· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.