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5 Connecticut opinions name it 3 courts 2004–2026 1 in the last five years
The cases below were cited by Connecticut 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 |
|---|---|---|
William Aramony v. United Way Of Americagreen2 sentences2016The United States Court of Appeals for the Second Circuit also has "held that [a]lthough a statement in a whereas clause may be useful in interpreting an ambiguous operative clause in a contract, it cannot create any right beyond those arising from the operative terms of the document." (Internal quotation marks omitted.) Aramony v. United Way of America , 254 F.3d 403 , 413 (2d Cir.2001) ; accord Abraham Zion Corp. v. Lebow , 761 F.2d 93 , 103 (2d Cir. 1985) ; Genovese Drug Stores v. Connecticut Packing Co. , 732 F.2d 286 , 291 (2d Cir.1984). 2014See, e.g., Ara- mony v. United Way of America, 254 F.3d 403 , 413 (2d Cir. 2001) (‘‘we have held that although a statement in a whereas clause may be useful in interpreting an ambiguous operative clause in a contract, it cannot create any right beyond those arising from the operative terms of the document’’ [internal quotation marks omitted]); Stowers v. Community Medical Center, Inc., 340 Mont. 116, 121 , 172 P.3d 1252 (2007) (‘‘while ‘whereas’ clauses cannot be permitted to control over the express provisions of a contract, they are to be read in conjunction with the operative portions of th | 2 | 3 |
Abraham Zion Corp. v. Lebowgreen2 sentences2026Wolfe, supra, § 7.11, p. 7-108 n.21; see also Abraham Zion Corp. v. Lebow, 761 F.2d 93 , 103 (2d Cir. 1985) (“[a]lthough a statement in a whereas clause may be useful in interpreting an ambiguous operative clause in a contract, it cannot create any right beyond those arising from the operative terms of the document” (internal quotation marks omitted)). 2016The United States Court of Appeals for the Second Circuit also has "held that [a]lthough a statement in a whereas clause may be useful in interpreting an ambiguous operative clause in a contract, it cannot create any right beyond those arising from the operative terms of the document." (Internal quotation marks omitted.) Aramony v. United Way of America , 254 F.3d 403 , 413 (2d Cir.2001) ; accord Abraham Zion Corp. v. Lebow , 761 F.2d 93 , 103 (2d Cir. 1985) ; Genovese Drug Stores v. Connecticut Packing Co. , 732 F.2d 286 , 291 (2d Cir.1984). | 2 | 2 |
Johnson v. Johnsongreen1 sentence2004Colo. 1994); Johnson v. Johnson, 725 So. 2d 1209, 1212 (Fla. App.), review denied, 735 So. 2d 1285 (Fla. 1999); Jones v. Paducah, 283 Ky. 628, 632 , 142 S.W.2d 365 (Ky. App. 1940); McKinnon v. Baker, 220 Neb. 314, 317 , 370 N.W.2d 492 (1985); Rubenstein Bros. v. Ole of 34th Street, Inc., 101 Misc. 2d 563, 567 , 421 N.Y.S.2d 534 (1979). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McKinnon v. Baker
green
2 sentences2014See, e.g., Ara- mony v. United Way of America, 254 F.3d 403 , 413 (2d Cir. 2001) (‘‘we have held that although a statement in a whereas clause may be useful in interpreting an ambiguous operative clause in a contract, it cannot create any right beyond those arising from the operative terms of the document’’ [internal quotation marks omitted]); Stowers v. Community Medical Center, Inc., 340 Mont. 116, 121 , 172 P.3d 1252 (2007) (‘‘while ‘whereas’ clauses cannot be permitted to control over the express provisions of a contract, they are to be read in conjunction with the operative portions of th 2014See, e.g., Ara- mony v. United Way of America, 254 F.3d 403 , 413 (2d Cir. 2001) (‘‘we have held that although a statement in a whereas clause may be useful in interpreting an ambiguous operative clause in a contract, it cannot create any right beyond those arising from the operative terms of the document’’ [internal quotation marks omitted]); Stowers v. Community Medical Center, Inc., 340 Mont. 116, 121 , 172 P.3d 1252 (2007) (‘‘while ‘whereas’ clauses cannot be permitted to control over the express provisions of a contract, they are to be read in conjunction with the operative portions of th | 2 | 2004–2014 |
Genovese Drug Stores, Inc. v. Connecticut Packing Company, Inc., and Fotomat Corporation
green
1 sentence2016The United States Court of Appeals for the Second Circuit also has "held that [a]lthough a statement in a whereas clause may be useful in interpreting an ambiguous operative clause in a contract, it cannot create any right beyond those arising from the operative terms of the document." (Internal quotation marks omitted.) Aramony v. United Way of America , 254 F.3d 403 , 413 (2d Cir.2001) ; accord Abraham Zion Corp. v. Lebow , 761 F.2d 93 , 103 (2d Cir. 1985) ; Genovese Drug Stores v. Connecticut Packing Co. , 732 F.2d 286 , 291 (2d Cir.1984). | 1 | 2016–2016 |
Stowers v. Community Medical Center, Inc.
green
2 sentences2014See, e.g., Ara- mony v. United Way of America, 254 F.3d 403 , 413 (2d Cir. 2001) (‘‘we have held that although a statement in a whereas clause may be useful in interpreting an ambiguous operative clause in a contract, it cannot create any right beyond those arising from the operative terms of the document’’ [internal quotation marks omitted]); Stowers v. Community Medical Center, Inc., 340 Mont. 116, 121 , 172 P.3d 1252 (2007) (‘‘while ‘whereas’ clauses cannot be permitted to control over the express provisions of a contract, they are to be read in conjunction with the operative portions of th 2014See, e.g., Ara- mony v. United Way of America, 254 F.3d 403 , 413 (2d Cir. 2001) (‘‘we have held that although a statement in a whereas clause may be useful in interpreting an ambiguous operative clause in a contract, it cannot create any right beyond those arising from the operative terms of the document’’ [internal quotation marks omitted]); Stowers v. Community Medical Center, Inc., 340 Mont. 116, 121 , 172 P.3d 1252 (2007) (‘‘while ‘whereas’ clauses cannot be permitted to control over the express provisions of a contract, they are to be read in conjunction with the operative portions of th | 1 | 2014–2014 |
State v. Greene
green
1 sentence2004The plaintiff argues that the sixth “whereas” clause at the beginning of the premarital agreement refers to “the Husband’s Disclosure Statement and the Wife’s Disclosure Statement attached hereto.” (Emphasis added.) She argues that because the “whereas” clause of the agreement contemplates the attachment of the disclosures, failure to attach the disclosures renders the contract incomplete and deficient. “[R]ecitals in a contract, such as whereas clauses, are merely explanations of the circumstances surrounding the execution of the contract, and are not binding obligations unless referred to in | 1 | 2004–2004 |
State v. Rosario
green
1 sentence2004The plaintiff argues that the sixth “whereas” clause at the beginning of the premarital agreement refers to “the Husband’s Disclosure Statement and the Wife’s Disclosure Statement attached hereto.” (Emphasis added.) She argues that because the “whereas” clause of the agreement contemplates the attachment of the disclosures, failure to attach the disclosures renders the contract incomplete and deficient. “[R]ecitals in a contract, such as whereas clauses, are merely explanations of the circumstances surrounding the execution of the contract, and are not binding obligations unless referred to in | 1 | 2004–2004 |
Demorais v. Wisniowski
green
2 sentences2004The plaintiff argues that the sixth “whereas” clause at the beginning of the premarital agreement refers to “the Husband’s Disclosure Statement and the Wife’s Disclosure Statement attached hereto.” (Emphasis added.) She argues that because the “whereas” clause of the agreement contemplates the attachment of the disclosures, failure to attach the disclosures renders the contract incomplete and deficient. “[R]ecitals in a contract, such as whereas clauses, are merely explanations of the circumstances surrounding the execution of the contract, and are not binding obligations unless referred to in 2004The plaintiff argues that the sixth “whereas” clause at the beginning of the premarital agreement refers to “the Husband’s Disclosure Statement and the Wife’s Disclosure Statement attached hereto.” (Emphasis added.) She argues that because the “whereas” clause of the agreement contemplates the attachment of the disclosures, failure to attach the disclosures renders the contract incomplete and deficient. “[R]ecitals in a contract, such as whereas clauses, are merely explanations of the circumstances surrounding the execution of the contract, and are not binding obligations unless referred to in | 1 | 2004–2004 |
Rubinstein Bros. v. Olé of 34th Street, Inc.
green
2 sentences2004Colo. 1994); Johnson v. Johnson, 725 So. 2d 1209, 1212 (Fla. App.), review denied, 735 So. 2d 1285 (Fla. 1999); Jones v. Paducah, 283 Ky. 628, 632 , 142 S.W.2d 365 (Ky. App. 1940); McKinnon v. Baker, 220 Neb. 314, 317 , 370 N.W.2d 492 (1985); Rubenstein Bros. v. Ole of 34th Street, Inc., 101 Misc. 2d 563, 567 , 421 N.Y.S.2d 534 (1979). 2004Colo. 1994); Johnson v. Johnson, 725 So. 2d 1209, 1212 (Fla. App.), review denied, 735 So. 2d 1285 (Fla. 1999); Jones v. Paducah, 283 Ky. 628, 632 , 142 S.W.2d 365 (Ky. App. 1940); McKinnon v. Baker, 220 Neb. 314, 317 , 370 N.W.2d 492 (1985); Rubenstein Bros. v. Ole of 34th Street, Inc., 101 Misc. 2d 563, 567 , 421 N.Y.S.2d 534 (1979). | 1 | 2004–2004 |
Jones v. City of Paducah
green
2 sentences2004Colo. 1994); Johnson v. Johnson, 725 So. 2d 1209, 1212 (Fla. App.), review denied, 735 So. 2d 1285 (Fla. 1999); Jones v. Paducah, 283 Ky. 628, 632 , 142 S.W.2d 365 (Ky. App. 1940); McKinnon v. Baker, 220 Neb. 314, 317 , 370 N.W.2d 492 (1985); Rubenstein Bros. v. Ole of 34th Street, Inc., 101 Misc. 2d 563, 567 , 421 N.Y.S.2d 534 (1979). 2004Colo. 1994); Johnson v. Johnson, 725 So. 2d 1209, 1212 (Fla. App.), review denied, 735 So. 2d 1285 (Fla. 1999); Jones v. Paducah, 283 Ky. 628, 632 , 142 S.W.2d 365 (Ky. App. 1940); McKinnon v. Baker, 220 Neb. 314, 317 , 370 N.W.2d 492 (1985); Rubenstein Bros. v. Ole of 34th Street, Inc., 101 Misc. 2d 563, 567 , 421 N.Y.S.2d 534 (1979). | 1 | 2004–2004 |