Cluster 672046
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· 38 citation events
across 15 courts.
Showing the 30 strongest citers on record
(one row per citing case, strongest signal kept).
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CP III Rincon Towers, LLC. v. Cohen (2022)
Co., 26 F.3d at 374 (internal quotation marks excluded).
internal quotation marks excluded
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Complex Systems, Inc. v. ABN AMRO Bank N.V. (2013)
Furthermore, the “conduct of parties provides [an] important source for deriving their intent as, to the meaning of the ... contracts at issue,” and “there is no surer way to find out [the intent of.the parties to a contract] ... than to see what they have done.” See id. at 119; IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 374 (2d Cir.1994).
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Americopters, LLC v. United States (2010)
River Front Corp. v. United States, 32 Fed.Cl. 547, 550 (1995) (citing IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 375 (2d Cir.1994)).
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In Re Cohen (2010)
"Ratification also may be found to exist by implication from a principal's failure to dissent within a reasonable time after learning what had been done." IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 375 (2d Cir. 1994); see also In re S. African Apartheid Litig., 633 F.Supp.2d 117, 122 (S.D.N.Y. 2009).
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Cohen v. Treuhold Capital Group, LLC (2010)
“Ratification also may be found to exist by implication from a principal’s failure to dissent within a reasonable time after learning what had been done.” IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 375 (2d Cir.1994); see also In re S. African Apartheid Litig., 633 F.Supp.2d 117, 122 (S.D.N.Y.2009).
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In Re South African Apartheid Litigation (2009)
IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 375 (2d Cir.1994).
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Ntsebeza v. Daimler AG (2009)
IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 375 (2d Cir.1994).
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In Re Color Tile Inc., Debtor. Michael R. Buchanan, Official Committee of Unsecured Creditors, as Disbursing … (2007)
"It is well established that `[t]he rules of contract interpretation are generally applicable to the interpretation of by-laws.'" IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 374 (2d Cir.1994) (quotation omitted).
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In Re: Color Tile (2007)
“It is well established that ‘[t]he rules of contract interpretation are generally applicable to the interpretation of bylaws.’” IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 374 (2d Cir. 1994) (quotation omitted).
quotation omitted
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Buchanan v. Reliance Insurance (2007)
“It is well established that ‘[t]he rules of contract interpretation are generally applicable to the interpretation of bylaws.’ ” IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 374 (2d Cir.1994) (quotation omitted).
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United States v. United States Currency in Sum of Six Hundred Sixty Thousand, Two Hundred Dollars ($660,200.0… (2006)
River Front Corp. v. United States, 32 Fed.Cl. 547, 550 (1995) (holding that despite argument that attorney lacked authority to bind to settlement agreement, client’s “subsequent actions indicate[d] a ratification of the Settlement Agreement”) (citing IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 375 (2d Cir.1994) (“Ratification [] may be found to exist by implication from a principal’s failure to dissent within a reasonable time after learning what h…
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In Re Marketxt Holding Corp. (2006)
IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 374 (2d Cir. 1994); Bradlees Stores, Inc. v. St.
IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 374 (2d Cir. 1994); Bradlees Stores, Inc. v. St.
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Bradlees Stores, Inc. v. St. Paul Fire & Marine Insurance (In Re Bradlees Stores, Inc.) (2003)
As the Second Circuit has noted, "The interpretation of an agreement by a party to it is always a consideration of great weight.” See IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 374 (2d Cir.1994) quoting In Brooklyn Life Ins.
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Volcjak v. Washington County Hospital Ass'n (1999)
Co. v. Ehrhardt, 69 Md.App. 431, 442 , 518 A.2d 151 (1986) (holding that ratification may be inferred when the principal, through works, conduct, or silence, indicates its desire to affirm the unauthorized act); IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 375 (2d Cir.1994), cert. denied, 514 U.S. 1014 , 115 S.Ct. 1355 , 131 L.Ed.2d 213 (1995); Restatement (Second) of Agency § 97 (1958) (stating that defense of litigation challenging a claimed unauth…
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Desilets v. Wal-Mart Stores (1997)
IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 375 (2d Cir. 1994) (citations omitted).
citations omitted
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HNV Central River Front Corp. v. United States (1995)
IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 375 (2d Cir.1994), cert, denied, -U.S.-, 115 S.Ct. 1355 , 131 L.Ed.2d 213 (1995).
Fletcher, Fletcher Cyclo- pedia of the Law of Corporations (2024) § 4195; see In re Color Tile, Inc., 475 F.3d 508, 515 (3d Cir. 2007) (‘‘[i]t is well established that [t]he rules of contract interpretation are generally applicable to the interpreta- tion of bylaws’’ (internal quotation marks omitted)), quoting IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 374 (2d Cir. 1994), cert. denied, 514 U.S. 1014 , 115 S. Ct. 1355 , 131 L.
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New York Skyline, Inc. v. Empire State Building Co. (2015)
See IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 374 (2d Cir. 1994) ("Generally speaking, the practical interpretation of a contract by parties to it for any considerable period of time before it comes to be the subject of controversy is deemed of great, if not controlling, influence.”) (emphasis added). .
"Generally speaking, the practical interpretation of a contract by parties to it for any considerable period of time before it comes to be the subject of controversy is deemed of great, if not controlling, influence.”
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Amusement Industry, Inc. v. Citigroup Global Markets Realty Corp. (In Re First Republic Group Realty, LLC) (2009)
See IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370 , 375 (2d.
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Gulf Insurance v. Transatlantic Reinsurance Co. (2009)
Co. ( 258 AD2d 39, 44 [1999]): “[T]he parties’ course of performance under the contract is considered to be the ‘most persuasive evidence of the agreed intention of the parties.’ (Webster’s Red Seal Pubis, v Gilberton World-Wide Publs., 67 AD2d 339, 341 , affd 53 NY2d 643 .) ‘Generally speaking, the practical interpretation of a contract by the parties to it for any considerable period of time before it comes to be the subject of controversy is deemed of great, if not contro…
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In Re South African Apartheid Litigation (2009)
Accord Phelan, 973 F.2d at 1062 ("Ratification occurs `when the principal, having knowledge of the material facts involved in a transaction, evidences an intention to ratify it.'" (quoting Rodonich v. House Wreckers Union Local 95, 817 F.2d 967 , 973 (2d Cir. 1987))). [260] Munroe v. Harriman, 85 F.2d 493, 495 (2d Cir. 1936). [261] See In re Bennett Funding Group, 336 F.3d 94 , 101 (2d Cir.2003). [262] IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 375…
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Business Integration Services, Inc. v. AT & T Corp. (2008)
Failure then to express dissent will be taken as a manifestation of affirmance.” Restatement § 1.03 cmt. b; accord, e.g., IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 375 (2d Cir.1994) (“Ratification also may be found to exist by implication from a principal’s failure to dissent within a reasonable time after learning what had been done. ‘If a corporation acquires or is charged with knowledge of an unauthorized act undertaken by someone on its behalf…
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Lakeside Equipment Corp. v. Town of Chester (2002)
See IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 375 (2d Cir. 1994) (ratification may exist by implication from principal’s failure to dissent within reasonable time after learning what had been done); Hardin, Rodriguez & Boivin Anesths., Ltd. v. Paradigm Ins.
ratification may exist by implication from principal’s failure to dissent within reasonable time after learning what had been done
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Davenport Recycling v. Comr.,IRS (2000)
See IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 375 (2d Cir. 1994).
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Davenport Recycling Associates v. Commissioner (2000)
See IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370, 375 (2d Cir.1994).
See IBJ Schroder Bank & Trust Co. v. Resolution Trust Co., 26 F.3d 370 , 374 (2d Cir.1994) (" 'The rules of contract interpretation are generally applicable to the interpretation of bylaws.' " (quoting 8 Fletcher Cyc.
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Kansas Teachers v. Mutual Guaranty (1997)
See IBJ Schroder Bank & Trust Co. v. Resolution Trust Co., 26 F.3d 370 , 374 (2d Cir. 1994) (“‘The rules of contract interpretation are generally applicable to the interpretation of bylaws.’” (quoting 8 Fletcher Cyc.
“‘The rules of contract interpretation are generally applicable to the interpretation of bylaws.’” (quoting 8 Fletcher Cyc. Corp. § 4195 (rev. 1982))
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United States v. Armand P. D'AmAto (1994)
See IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp., 26 F.3d 370 , 374 (2d Cir.1994) (“For over a century, courts have looked to the conduct of the parties in resolving ambiguities in contractual language.”); see also John D.
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Matter of Buffalo Schools Renovation Program (2016)
Co. , 258 AD2d 39, 44 [1st Dept 1999], quoting Webster's Red Seal Publs. v Gilberton World-Wide Publs. , 67 AD2d 339, 341 [1st Dept 1979], affd , 53 NY2d 643 [1981]). "[T]he practical interpretation of a contract by the parties to it for any considerable period of time before it comes to be the subject of controversy is deemed of great, if not controlling, influence. " ( Id .) [emphasis added]; see also , IBJ Schroder Bank & Trust Co. v. Resolution Trust Corp ., 26 F3d 370 ,…