Givati v. Air Techniques, Inc., 104 A.D.3d 644 (N.Y. App. Div. 2013). · Go Syfert
Givati v. Air Techniques, Inc., 104 A.D.3d 644 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
39 citation events (39 in the last 25 years) across 11 distinct courts.
Strongest positive: ROWENA DRENNEN, individually and as representative v. CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON et (nysb, 2019-12-27)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) ROWENA DRENNEN, individually and as representative v. CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON et (3×) also: Cited as authority (rule), Cited "see"
Bankr. S.D.N.Y. · 2019 · quote attribution · 1 verbatim quote · confidence high
court should not read a contract so as to render any term, phrase, or provision meaningless or superfluous
examined Cited as authority (verbatim quote) Roberts v. Weight Watchers International, Inc. (3×) also: Cited as authority (quoted), Cited "see"
S.D.N.Y. · 2016 · signal: see · quote attribution · 2 verbatim quotes · confidence high
court should not read a contract so as to render any term, phrase, or provision meaningless or superfluous.
discussed Cited as authority (quoted) General Electric Company v. APR Energy PLC
S.D.N.Y. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
court should not read a contract so as to render any term, phrase, or provision meaningless or superfluous.
discussed Cited as authority (rule) Simmons v. Lindstrom
N.Y. Sup. Ct., Westchester Cty. · 2025 · confidence medium
The Court in Givati v Air Techniques, Inc. , ( 104 AD3d 644, 645 [2d Dept 2013]) instructed that "a court should not read a contract so as to render any term, phrase, or provision meaningless or superfluous ( see God's Battalion of Prayer Pentecostal Church, Inc. v Miele Assoc., LLP , 6 NY3d 371, 374 [2006]; Lawyers' Fund for Client Protection of State of NY v Bank Leumi Trust Co. of NY , 94 NY2d 398, 404 [2000]; Two Guys from Harrison-N.Y. v S.F.R.
discussed Cited as authority (rule) Simmons v. Lindstrom
N.Y. Sup. Ct., Westchester Cty. · 2025 · confidence medium
The Court in Givati v Air Techniques, Inc. , ( 104 AD3d 644, 645 [2d Dept 2013]) instructed that "a court should not read a contract so as to render any term, phrase, or provision meaningless or superfluous ( see God's Battalion of Prayer Pentecostal Church, Inc. v Miele Assoc., LLP , 6 NY3d 371, 374 [2006]; Lawyers' Fund for Client Protection of State of NY v Bank Leumi Trust Co. of NY , 94 NY2d 398, 404 [2000]; Two Guys from Harrison-N.Y. v S.F.R.
discussed Cited as authority (rule) Ram Distribution Group LLC v. Joseph Gunnar & Co. LLC
E.D.N.Y · 2023 · confidence medium
Finally, courts may neither utilize interpretations that render any terms or provisions meaningless or superfluous, Givati v. Air Techniques, Inc., 960 N.Y.S.2d 196, 198 (2d Dep’t 2013), nor “write into a contract conditions the parties did not insert by adding or excising terms under the guise of construction,” or “construe the language in such a way as would distort the contract’s apparent meaning.” Georgitsi Realty, LLC v. Penn-Star Ins.
cited Cited as authority (rule) 2497 Realty Corp. v. Fuertes
N.Y. App. Div. · 2022 · confidence medium
Corp ., 190 AD3d 603 , 607 [1st Dept 2021]; Dreisinger v Teglasi , 130 AD3d 524, 527 [1st Dept 2015]; Givati v Air Techniques, Inc. , 104 AD3d 644, 645 [2d Dept 2013]).
discussed Cited as authority (rule) Adelphia Communications Corporation v. U.S. Specialty Insurance Company (2×) also: Cited "see"
Bankr. S.D.N.Y. · 2022 · confidence medium
A “court should not read a contract so as to render any terms, phrase, or provision meaningless or superfluous.” Givati v. Air Techniques, Inc., 960 N.Y.S.2d 196, 198 (App. Div., 2d Dep’t 2013) (internal citations omitted); see also Sachs v. Am.
cited Cited as authority (rule) Ram Distribution Group LLC v. Joseph Gunnar & Co. LLC
Bankr. E.D.N.Y. · 2022 · confidence medium
Givati v. Air Techniques, Inc., 960 N.Y.S.2d 196, 198 (2d Dep't 2013).
cited Cited as authority (rule) Morgan Stanley v. Babu
D. Maryland · 2021 · confidence medium
ECF No. 29 at 19 (citing Givati v. Air Techniques, Inc., 104 A.D.3d 644, 645 (N.Y.
discussed Cited as authority (rule) Morgan Stanley v. Babu
D. Maryland · 2020 · confidence medium
Any suggestion that the Court should interpret the Customer Agreement’s use of the term “involving” to mean “between” is unpersuasive because the Customer Agreement uses the term “between” elsewhere in the Arbitration Clause and conflating the two words to have the same meaning would improperly render the different word choice “meaningless.” Givati v. Air Techniques, Inc., 960 N.Y.S.2d 196, 645 (N.Y.
cited Cited as authority (rule) Musket Corporation v. Suncor Engy (U.S.A.) Mkt, In
5th Cir. · 2019 · confidence medium
Form should not prevail over substance and a sensible meaning of words should be sought.’” Givati v. Air Techniques, Inc., 960 N.Y.S.2d 196, 198 (2013) (citations omitted).
discussed Cited as authority (rule) Calocerinos v. C&S Worldwide Holdings, Inc.
N.Y. App. Div. · 2018 · confidence medium
Plaintiff's proposed interpretation of the agreement gives no effect to the language immediately preceding the illustrative list of prohibited conduct and thus violates the well-settled rule that "a court should not read a contract so as to render any term, phrase, or provision meaningless or superfluous" ( Givati v Air Techniques, Inc. , 104 AD3d 644, 645 [2d Dept 2013]; see Beal Sav.
cited Cited as authority (rule) BURGWARDT, GERALDINE H. v. BURGWARDT, RANDY F.
N.Y. App. Div. · 2017 · confidence medium
Inasmuch as “a court should not read a contract so as to render any term, phrase, or provision meaningless or superfluous” (Givati v Air Techniques, Inc., 104 AD3d 644, 645 [2013]; see Beal Sav.
discussed Cited as authority (rule) Klapper v. Graziano
N.Y. App. Div. · 2015 · confidence medium
The plaintiff’s interpretation of the appearance release, which would limit its application to Left/Right, Inc., and its corporate “affiliates,” defined narrowly as corporations under the control of Left/Right, Inc., or related by common ownership, is unavailing in light of the parties’ intentions, as manifested by the terms of the appearance release (see Solco Plumbing Supply, Inc. v Hart, 123 AD3d 798, 800 [2014]; Givati v Air Techniques, Inc., 104 AD3d 644, 645 [2013]).
discussed Cited as authority (rule) Springer v. Springer
N.Y. App. Div. · 2015 · confidence medium
This construction of the provision gave effect to all of the agreement’s provisions (see God’s Battalion of Prayer Pentecostal Church, Inc. v Miele Assoc., LLP, 6 NY3d 371, 374 [2006]; Givati v Air Techniques, Inc., 104 AD3d 644, 645 [2013]; Hudson Val.
discussed Cited as authority (rule) Mehrtens, T. v. Fiduciary Trust
Pa. Super. Ct. · 2015 · confidence medium
Id. at 32.5 “The essential elements of a breach of contract cause of action are the existence of a contract, the plaintiff’s performance pursuant to the contract, the defendant’s breach of his or her contractual obligations, and damages resulting from the breach.” Canzona v. Atanasio, 989 N.Y.S.2d 44, 47 (N.Y.A.D. 2d Dep’t 2014) (citation and quotation marks omitted). “[T]he plaintiff’s allegations must identify the provisions of the contract that were breached.” Id. (citation omitted). “[A] written agreement that is complete, clear and unambiguous on its face must be enforce…
discussed Cited as authority (rule) Solco Plumbing Supply, Inc. v. Hart
N.Y. App. Div. · 2014 · confidence medium
Further, in determining the meaning of contractual language, “a court should not read a contract so as to render any term, phrase, or provision meaningless or superfluous” (Givati v Air Techniques, Inc., 104 AD3d 644, 645 [2013]), but should give effect to all of the contract’s provisions (see God’s Battalion of Prayer Pentecostal Church, Inc. v Miele Assoc., LLP, 6 NY3d 371, 374 [2006]).
discussed Cited as authority (rule) Ward v. TheLadders.com, Inc.
S.D.N.Y. · 2014 · confidence medium
This would violate the fundamental contract law principle that a court’s interpretation of a contract “should not read a contract so as to render any term, phrase, or provision meaningless or superfluous.” Givati v. Air Techniques, Inc., 104 A.D.3d 644 , 960 N.Y.S.2d 196, 198 (2013); accord Columbus Park Corp. v. Dep’t of Hous.
discussed Cited "see" Pursuit Partners, LLC v. Reed Smith, LLP
Conn. App. Ct. · 2020 · signal: see · confidence high
See Givati v. Air Techniques, Inc., 104 App. Div. 3d 644, 645, 960 N.Y.S.2d 196 (2013) (in interpreting contract, sensible meaning of words should be sought); see also Georgia Malone & Co. v. Rieder, supra, 86 App. Div. 3d 408–409.
discussed Cited "see" Mineroff v. Lonergan
N.Y. App. Div. · 2017 · signal: see · confidence high
“When the contract is in writing, the best evidence of what the parties intended is what they said in that writing” (Arthur Cab Leasing Corp. v Sice Mois Hacking Corp., 137 AD3d 828, 830 [2016]; see Givati v Air Techniques, Inc., 104 AD3d 644, 645 [2013]; County of Suffolk v Long Is.
discussed Cited "see" Sher v. RBC Capital Markets, LLC (2×)
D. Maryland · 2015 · signal: see · confidence high
See Ward v. TheLadders.com, Inc., 3 F.Supp.3d 151, 162 (S.D.N.Y.2014) (quoting Givati v. Air Techniques, Inc., 104 A.D.3d 644, 645 , 960 N.Y.S.2d 196 (2013)).
cited Cited "see, e.g." Glaxosmithkline LLC v. Dendreon Corp.
N.C. Bus. Ct. · 2014 · signal: compare · confidence low
Compare RJE Corp., 329 F.3d at 314 and Givati v. Air Techniques, Inc., 960 N.Y.S.2d 196 , 198 (N.Y.
Retrieving the full opinion text from the archive…
Zaki Givati
v.
Air Techniques, Inc.
Appellate Division of the Supreme Court of the State of New York.
Mar 6, 2013.
104 A.D.3d 644

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (Driscoll, J.), entered July 29, 2011, as, upon a decision of the same court dated July 7, 2011, made after a nonjury trial, is in favor of the defendant and against him dismissing the cause of action alleging breach of contract.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

In the mid-1990s, the defendant wished to develop a digital X ray imaging system using phosphor plates for image capture. To this end, it contracted with the plaintiff and his partner Yehuda Rosenstock (hereinafter together the partners) to build a working model and then a pre-production prototype. The parties’ October 1995 agreement provided that the partners would be compensated, inter alia, via a “technology fee” based upon the defendant’s use of technology developed during “the project,” a term which the agreement did not define.

In early 1998, the defendant became dissatisfied with the partners’ progress. In April 1998, the parties entered into a new agreement which “terminate[d] the [October 1995] Agreement” and “clos[ed] the Project.” The April 1998 agreement again provided for a “technology fee” payable based upon the defendant’s use of technology developed during “the project,” which again was not defined.

[*645] The defendant and its parent company thereafter developed a phosphor plate imaging system which, on appeal, the plaintiff concedes does not incorporate technology he or Rosenstock invented. However, he commenced this action alleging that both the April 1998 agreement and the parties’ October 1995 agreement used the term “project” to mean all of the defendant’s efforts to develop phosphor plate imaging. He further alleged that the product ultimately marketed by the defendant, while distinct from the partners’ prototype, was part of the same project which, he maintains, was not terminated by the parties’ April 1998 agreement. The Supreme Court, after a nonjury trial, entered a judgment, inter alia, in favor of the defendant and against the plaintiff dismissing the cause of action alleging breach of contract.

A court’s fundamental objective in interpreting a contract is to determine the parties’ intent from the language employed and to fulfill their reasonable expectations (see St. John’s Univ., N.Y. v Butler Rogers Baskett Architects, P.C., 92 AD3d 761, 764 [2012]; 131 Heartland Blvd. Corp. v C.J. Jon Corp., 82 AD3d 1188, 1189 [2011]). In so doing, a court should not read a contract so as to render any term, phrase, or provision meaningless or superfluous (see God’s Battalion of Prayer Pentecostal Church, Inc. v Miele Assoc., LLP, 6 NY3d 371, 374 [2006]; Lawyers’ Fund for Client Protection of State of N.Y. v Bank Leumi Trust Co. of N.Y., 94 NY2d 398, 404 [2000]; Two Guys from Harrison-N.Y. v S.F.R. Realty Assoc., 63 NY2d 396, 403 [1984]; McQuade v McQuade, 67 AD3d 867, 869 [2009]; Hudson Val. Props. & Rentals v Ursuline Provincialate, E. Province of U.S., 221 AD2d 507, 509 [1995]). Instead, “the entire contract must be reviewed and ‘[p] articular words should be considered, not as if isolated from the context, but in the light of the obligation as a whole and the intention of the parties as manifested thereby. Form should not prevail over substance and a sensible meaning of words should be sought’ ” (Riverside S. Planning Corp. v CRP/Extell Riverside, L.P., 13 NY3d 398, 404 [2009], quoting Atwater & Co. v Panama R.R. Co., 246 NY 519, 524 [1927]; see Brad H. v City of New York, 17 NY3d 180, 185 [2011]; Bailey v Fish & Neave, 8 NY3d 523, 528 [2007]).

“ Tn reviewing a determination made after a nonjury trial, this Court’s power is as broad as that of the trial court, and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial court had the advantage of seeing and hearing the witnesses’ ” (Quadrozzi v Estate of Quadrozzi, 99 AD3d 688, 691 [2012], quoting BRK Props., Inc. v Wagner Ziv Plumbing & Heating Corp., 89 AD3d[*646] 883, 884 [2011]; see Fernandez v Price, 63 AD3d 672, 675 [2009]; Flexible Bus. Sys., Inc. v Dag Media, Inc., 49 AD3d 808 [2008]; see also Tornheim v Blue & White Food Prods. Corp., 88 AD3d 867, 868 [2011], cert denied 568 US —, 133 S Ct 436 [2012]). Here, the record supports the Supreme Court’s determination that, based on the course of the parties’ dealings, the term “project” encompassed only the development task assigned to the partners, which was terminated by the April 1998 agreement, and that the partners would be entitled to a technology fee only if the defendant used technology they had developed. Likewise, the court’s determination was consistent with the fundamental tenets of contract interpretation that a court should seek an interpretation which fulfills the parties’ reasonable expectations (see St. John’s Univ., N.Y. v Butler Rogers Baskett Architects, P.C., 92 AD3d at 764; 131 Heartland Blvd. Corp. v C.J. Jon Corp., 82 AD3d at 1189) and which gives all parts of the contract full force and effect (see God’s Battalion of Prayer Pentecostal Church, Inc. v Miele Assoc., LLP, 6 NY3d at 374; Lawyers’ Fund for Client Protection of State of N.Y. v Bank Leumi Trust Co. of N.Y., 94 NY2d at 404; Two Guys from Harrison-N.Y. v S.F.R. Realty Assoc., 63 NY2d at 403; McQuade v McQuade, 67 AD3d at 869; Hudson Val. Props. & Rentals v Ursuline Provincialate, E. Province of U.S., 221 AD2d at 509). Accordingly, the court properly entered judgment in favor of the defendant and against the plaintiff dismissing the cause of action alleging breach of contract. Eng, EJ., Rivera, Lott and Miller, JJ., concur.