Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
13 New York opinions name it 2 courts 1977–2026 5 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 |
|---|---|---|
Booth v. 3669 Delaware, Inc.green2 sentences2013“Therefore, consistent with the public policy favoring enforcement of settlements, the release [agreement that] plaintiff signed should be enforced according to its terms, and plaintiffs claim[s] [were properly] dismissed” (Booth v 3669 Delaware, 92 NY2d at 935 [citations omitted]). 2013“Therefore, consistent with the public policy favoring enforcement of settlements, the release [agreement that] plaintiff signed should be enforced according to its terms, and plaintiffs claim[s] [were properly] dismissed” (Booth v 3669 Delaware, 92 NY2d at 935 [citations omitted]). | 2 | 2 |
Mendel v. Henry Phipps Plaza West, Inc.green2 sentences2012Plaintiff s argument that the release was executed under duress is belied by the fact that nonparty Barclays paid it a commission for facilitating the transaction, and a party cannot claim that it was compelled to execute an agreement under duress while simultaneously accepting the benefits of the agreement (see Mendel v Henry Phipps Plaza W., Inc., 27 AD3d 375, 376 [2006]). 2012Plaintiff s argument that the release was executed under duress is belied by the fact that nonparty Barclays paid it a commission for facilitating the transaction, and a party cannot claim that it was compelled to execute an agreement under duress while simultaneously accepting the benefits of the agreement (see Mendel v Henry Phipps Plaza W., Inc., 27 AD3d 375, 376 [2006]). | 2 | 2 |
In THE MATTER OF BRILLIANT v. Gamachegreen1 sentence2012Instead, it merely applies the settled proposition that a party cannot claim third-party beneficiary status with respect to a contract that expressly negates any intent to permit its enforcement by third parties (see IMS Engrs.-Architects, P.C. v State of New York, 51 AD3d at 1357-1358 , citing Mendel v Henry Phipps Plaza W., Inc., 6 NY3d 783, 786-787 [2006]). | 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 |
|---|---|---|
KNK Enterprises, Inc. v. Harriman Enterprises, Inc.
green
2 sentences2026Group, LLC , 236 AD3d 995 , 997, quoting Nabatkhorian v Nabatkhorian , 127 AD3d 1043, 1044 ). "'A party cannot claim reliance on a misrepresentation when he or she could have discovered the truth with due diligence'" ( id. , quoting KNK Enters., Inc. v Harriman Enters., Inc. , 33 AD3d 872, 872 ). 2026Group, LLC , 236 AD3d 995 , 997, quoting Nabatkhorian v Nabatkhorian , 127 AD3d 1043, 1044 ). "'A party cannot claim reliance on a misrepresentation when he or she could have discovered the truth with due diligence'" ( id. , quoting KNK Enters., Inc. v Harriman Enters., Inc. , 33 AD3d 872, 872 ). | 5 | 2021–2026 |
Nabatkhorian v. Nabatkhorian
green
2 sentences2026Group, LLC , 236 AD3d 995 , 997, quoting Nabatkhorian v Nabatkhorian , 127 AD3d 1043, 1044 ). "'A party cannot claim reliance on a misrepresentation when he or she could have discovered the truth with due diligence'" ( id. , quoting KNK Enters., Inc. v Harriman Enters., Inc. , 33 AD3d 872, 872 ). 2026Group, LLC , 236 AD3d 995 , 997, quoting Nabatkhorian v Nabatkhorian , 127 AD3d 1043, 1044 ). "'A party cannot claim reliance on a misrepresentation when he or she could have discovered the truth with due diligence'" ( id. , quoting KNK Enters., Inc. v Harriman Enters., Inc. , 33 AD3d 872, 872 ). | 2 | 2026–2026 |
Avery v. WJM Dev. Corp.
green
2 sentences2025Corp. , 197 AD3d at 1144 ). 2024Corp. , 197 AD3d 1141, 1144 ). | 2 | 2024–2025 |
Foundry Capital Sarl v. International Value Advisers, LLC
green
2 sentences2013Indeed, “[plaintiff’s argument that the release [agreement] was executed under duress is belied by the fact that [she was] paid [severance and received benefits] for [signing the release agreement] and a party cannot claim that it was compelled to execute an agreement under duress while simultaneously accepting the benefits of the agreement” (Foundry Capital Sari v International Value Advisers, LLC, 96 AD3d at 620-621 ). 2013Indeed, “[plaintiff’s argument that the release [agreement] was executed under duress is belied by the fact that [she was] paid [severance and received benefits] for [signing the release agreement] and a party cannot claim that it was compelled to execute an agreement under duress while simultaneously accepting the benefits of the agreement” (Foundry Capital Sari v International Value Advisers, LLC, 96 AD3d at 620-621 ). | 2 | 2013–2013 |
IMS Engineers-Architects, P.C. v. State
green
1 sentence2012Instead, it merely applies the settled proposition that a party cannot claim third-party beneficiary status with respect to a contract that expressly negates any intent to permit its enforcement by third parties (see IMS Engrs.-Architects, P.C. v State of New York, 51 AD3d at 1357-1358 , citing Mendel v Henry Phipps Plaza W., Inc., 6 NY3d 783, 786-787 [2006]). | 1 | 2012–2012 |
East 15360 Corp. v. Provident Loan Society
green
1 sentence2006A party cannot claim reliance on a misrepresentation when he or she could have discovered the truth with due diligence (see East 15360 Corp. v Provident Loan Socy. of N.Y., 177 AD2d 280 [1991]). | 1 | 2006–2006 |
Rodas v. Manitaras
green
1 sentence1991Further, a party cannot claim fraud if the party could have, with due diligence, discovered a defect (Rodas v Manitaras, 159 AD2d 341 ). | 1 | 1991–1991 |
White Sound Service, Inc. v. Corio
neutral
1 sentence1977Co. v Neithardt, 24 AD2d 941, 942 .) One may not, even innocently, mislead another and then attempt to claim the benefit of his deception. | 1 | 1977–1977 |
Adelman v. Applefield
green
1 sentence1977(See Matter of Schaefer, 18 NY2d 314 ; Freedman & Slater v Great Lakes Forwarding Corp., 7 AD2d 978; Matter of Adelman v Applefield, 22 Misc 2d 95, 98 ; Ann., 44 ALR2d 196; Ann., 15 ALR2d 937; 1 Williston, Contracts [3d ed], §§ 139-140; see, also, 3 Black stone’s Commentaries [Lewis ed], 308; 3 Coke, Littleton [Thomas ed], 341-342; Bigelow, Estoppel [6th ed], 3-7.) "A party cannot claim benefits under a transaction or instrument and at the same time repudiate its obligations.” (31 CJS, Estoppel, pp 559-560; see, also, Matter of Allstate Ins. | 1 | 1977–1977 |
Atex Estates, Inc. v. Alfred P. Sloan Foundation, Inc.
green
1 sentence1977(See Matter of Schaefer, 18 NY2d 314 ; Freedman & Slater v Great Lakes Forwarding Corp., 7 AD2d 978; Matter of Adelman v Applefield, 22 Misc 2d 95, 98 ; Ann., 44 ALR2d 196; Ann., 15 ALR2d 937; 1 Williston, Contracts [3d ed], §§ 139-140; see, also, 3 Black stone’s Commentaries [Lewis ed], 308; 3 Coke, Littleton [Thomas ed], 341-342; Bigelow, Estoppel [6th ed], 3-7.) "A party cannot claim benefits under a transaction or instrument and at the same time repudiate its obligations.” (31 CJS, Estoppel, pp 559-560; see, also, Matter of Allstate Ins. | 1 | 1977–1977 |
In re Schaefer
green
1 sentence1977(See Matter of Schaefer, 18 NY2d 314 ; Freedman & Slater v Great Lakes Forwarding Corp., 7 AD2d 978; Matter of Adelman v Applefield, 22 Misc 2d 95, 98 ; Ann., 44 ALR2d 196; Ann., 15 ALR2d 937; 1 Williston, Contracts [3d ed], §§ 139-140; see, also, 3 Black stone’s Commentaries [Lewis ed], 308; 3 Coke, Littleton [Thomas ed], 341-342; Bigelow, Estoppel [6th ed], 3-7.) "A party cannot claim benefits under a transaction or instrument and at the same time repudiate its obligations.” (31 CJS, Estoppel, pp 559-560; see, also, Matter of Allstate Ins. | 1 | 1977–1977 |
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.