incorporation by reference doctrine in New York

2024Given that the plan description is extrinsic material, petitioners rely on the incorporation by reference doctrine, which provides that "the paper to be incorporated into a written instrument by reference must be so referred to and described in the instrument that the paper may be identified beyond all reasonable doubt" ( Chiacchia v National Westminster Bank , 124 AD2d 626, 628 [2d Dept 1986]; see Maines Paper & Food Serv., Inc. v Keystone Assoc., Architects, Engrs., & Surveyors, LLC , 134 AD3d 1340, 1342 [3d Dept 2015]).

2015Further, the Schedule A attached to these prior draft contracts differed, albeit only in minor respects, from the Schedule A that defendant purports to have attached to the executed contract. 2 The doctrine of incorporation by reference “is grounded on the premise that the material to be incorporated is so well known to the contracting parties that a mere reference to it is sufficient” (Chiacchia v National Westminster Bank, 124 AD2d 626, 628 [1986]).

1998The doctrine of incorporation by reference requires that the paper to be incorporated into the written instrument by reference must be so described in the instrument that the paper may be identified “beyond all reasonable doubt” (Matter of Board of Commrs., 52 NY 131, 134 ).

1986The doctrine of incorporation by reference requires that the paper to be incorporated into a written instrument by reference must be so referred to and described in the instrument that the paper may be identified beyond all reasonable doubt (see, Matter of Board of Commrs., 52 NY 131, 134 ).

2024Given that the plan description is extrinsic material, petitioners rely on the incorporation by reference doctrine, which provides that "the paper to be incorporated into a written instrument by reference must be so referred to and described in the instrument that the paper may be identified beyond all reasonable doubt" ( Chiacchia v National Westminster Bank , 124 AD2d 626, 628 [2d Dept 1986]; see Maines Paper & Food Serv., Inc. v Keystone Assoc., Architects, Engrs., & Surveyors, LLC , 134 AD3d 1340, 1342 [3d Dept 2015]).

2019Although documents may be incorporated by reference as part of an executed agreement ( see Kachurin v Barr , 272 AD 391 , 398 [1st Dept 1947], affd 297 NY 889 [1948]; see also Life Receivables Trust v Goshawk Syndicate 102 at Lloyd's , 66 AD3d 495 , 498-499 [1st Dept 2009], affd 14 NY3d 850 [2010], cert denied 562 US 962 [2010]), the doctrine of incorporation by reference "is grounded on the premise that the material to be incorporated is so well known to the contracting parties that a mere reference to it is sufficient" ( see Maines Paper & Food Serv., Inc., v Keystone Assoc., Architects Engr

2019Corp. v Crum & Forster Commercial Ins. , 222 AD2d 251, 252 [1st Dept 1995]).

2018Corp. v Crum & Forster Commercial Ins. , 222 AD2d 251, 252 [1st Dept 1995]).

1996Consequently, here, in the conceded absence of allegations or evidence of fraud and the fact that the trust agreement in this case, which was signed contemporaneously with the will, was identifiable, precise and definite (see, Matter of Ivie, 4 NY2d 178, 181 ; Matter of Rausch, supra, at 331-332), we hold that the pourover provision in this case fits within the parameters of case law applying the common-law doctrine of incorporation by reference. 3 Mikoll, Crew III, Yesawich Jr. and Spain, JJ., concur.

1995To further distinguish this case from Matter of Dickstein (supra) and to advance their arguments that there are exceptions to the doctrine of incorporation by reference, the respondents have cited such New York cases as Matter of Fowles ( 222 NY 222 ), Matter of Rausch ( 258 NY 327 ) and Matter of Tiffany ( 157 Misc 873 ).

2019Although documents may be incorporated by reference as part of an executed agreement ( see Kachurin v Barr , 272 AD 391 , 398 [1st Dept 1947], affd 297 NY 889 [1948]; see also Life Receivables Trust v Goshawk Syndicate 102 at Lloyd's , 66 AD3d 495 , 498-499 [1st Dept 2009], affd 14 NY3d 850 [2010], cert denied 562 US 962 [2010]), the doctrine of incorporation by reference "is grounded on the premise that the material to be incorporated is so well known to the contracting parties that a mere reference to it is sufficient" ( see Maines Paper & Food Serv., Inc., v Keystone Assoc., Architects Engr

2019Although documents may be incorporated by reference as part of an executed agreement ( see Kachurin v Barr , 272 AD 391 , 398 [1st Dept 1947], affd 297 NY 889 [1948]; see also Life Receivables Trust v Goshawk Syndicate 102 at Lloyd's , 66 AD3d 495 , 498-499 [1st Dept 2009], affd 14 NY3d 850 [2010], cert denied 562 US 962 [2010]), the doctrine of incorporation by reference "is grounded on the premise that the material to be incorporated is so well known to the contracting parties that a mere reference to it is sufficient" ( see Maines Paper & Food Serv., Inc., v Keystone Assoc., Architects Engr

2015The document is required to also be described in the contract such that it is identifiable “ ‘beyond all reasonable doubt’ ” (Kenner v Avis Rent A Car Sys., 254 AD2d 704, 704 [1998], quoting Matter of Board of Commrs. of Washington Park of City of Albany, 52 NY 131, 134 [1873]; accord Unclaimed Prop.