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5 New York opinions name it 4 courts 1948–2023 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
BNP Paribas Mortgage Corp. v. Bank of America, N.A.green2 sentences2023Corp. v Bank of Am., N.A ., 778 F Supp 2d 375, 416 [SD NY 2011]). "[A]bsent 'unmistakably clear' language in an indemnification provision that demonstrates that the parties intended the clause to cover first-party claims, an agreement between two parties 'to indemnify' each other does not mean that one party's failure to perform gives rise to a claim for indemnification" ( Lehman XS Trust, Series 2006-GP2 v GreenPoint Mortg. 2023Corp. v Bank of Am., N.A ., 778 F Supp 2d 375, 416 [SD NY 2011]). "[A]bsent 'unmistakably clear' language in an indemnification provision that demonstrates that the parties intended the clause to cover first-party claims, an agreement between two parties 'to indemnify' each other does not mean that one party's failure to perform gives rise to a claim for indemnification" ( Lehman XS Trust, Series 2006-GP2 v GreenPoint Mortg. | 1 | 1 |
Lehman XS Trust v. Greenpoint Mortgage Funding, Inc.green2 sentences2023Funding, Inc ., 916 F3d 116, 125 [2d Cir 2019] [citation omitted]). 2023Funding, Inc ., 916 F3d 116, 125 [2d Cir 2019] [citation omitted]). | 1 | 1 |
Capital Ventures Intern. v. Republic of Argentinagreen1 sentence2011Argentina points to the observation in Capital Ventures Intl. v Republic of Argentina (552 F3d at 296) that “[t]he normal consequence of acceleration is that interest payments that would have been due in the future are no longer due, because, after acceleration, the entire principal is immediately due and owing; in other words, future interest payments are ‘unearned’ because the creditor is no longer loaning the debtor the principal.” Interpreting Argentinian bonds similar to these, in Capital Ventures the court held that the bond issuer was not required to continue making interest payments af | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. Werner
green
1 sentence1997Since plaintiff in this case reasonably notified defendant of his desire to invoke the mortgage contingency clause around a week after the denial of credit by the bank, we conclude that the waiver provision was extinguished and that his deposit should have been returned (see, id., at 424 ). | 1 | 1997–1997 |
Kaye v. Keret
neutral
1 sentence1986Whether the parties intended the clause "any and all indebtedness * * * now or hereafter due and owing”, to secure the future personal indebtedness of Dominick Gulla, or only the business indebtedness of "mickey’s auto land”, which he owns, cannot be determined on this record (see, 38 NY Jur, Mortgages and Deeds of Trust, §§ 57, 58; Eisenberg v Citation-Langley Corp., 99 AD2d 700, 701 ; Kaye v Keret, 89 AD2d 885, 886-887 ; cf. State Bank v Fioravanti, 51 NY2d 638, 644-645 ). | 1 | 1986–1986 |
Eisenberg v. Citation-Langley Corp.
green
1 sentence1986Whether the parties intended the clause "any and all indebtedness * * * now or hereafter due and owing”, to secure the future personal indebtedness of Dominick Gulla, or only the business indebtedness of "mickey’s auto land”, which he owns, cannot be determined on this record (see, 38 NY Jur, Mortgages and Deeds of Trust, §§ 57, 58; Eisenberg v Citation-Langley Corp., 99 AD2d 700, 701 ; Kaye v Keret, 89 AD2d 885, 886-887 ; cf. State Bank v Fioravanti, 51 NY2d 638, 644-645 ). | 1 | 1986–1986 |
State Bank v. Fioravanti
green
1 sentence1986Whether the parties intended the clause "any and all indebtedness * * * now or hereafter due and owing”, to secure the future personal indebtedness of Dominick Gulla, or only the business indebtedness of "mickey’s auto land”, which he owns, cannot be determined on this record (see, 38 NY Jur, Mortgages and Deeds of Trust, §§ 57, 58; Eisenberg v Citation-Langley Corp., 99 AD2d 700, 701 ; Kaye v Keret, 89 AD2d 885, 886-887 ; cf. State Bank v Fioravanti, 51 NY2d 638, 644-645 ). | 1 | 1986–1986 |
Powley v. Equitable Life Assurance Society of the United States
neutral
1 sentence1948Soc. of U. S., 257 App. Div. 324 , affd. 284 N. Y. 664 ; Johnson v. Blaney, 198 N. Y. 312 .) The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event. | 1 | 1948–1948 |
Johnson v. . Blaney
neutral
1 sentence1948Soc. of U. S., 257 App. Div. 324 , affd. 284 N. Y. 664 ; Johnson v. Blaney, 198 N. Y. 312 .) The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event. | 1 | 1948–1948 |
Powley v. Equitable Life Assurance Society of the United States
neutral
1 sentence1948Soc. of U. S., 257 App. Div. 324 , affd. 284 N. Y. 664 ; Johnson v. Blaney, 198 N. Y. 312 .) The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event. | 1 | 1948–1948 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.