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Party to Contract May Not Terminate Contract Without Observing Contract’s Termination Procedures

Posted by Peter Papagianakis | Mar 31, 2021 | 0 Comments

In the case captioned M&C N.Y. (Times Sq.), LLC v. Accor Mgt. US Inc., 2021 NY Slip Op. 30711(U), the New York County Commercial Division held (in a decision dated February 28, 2021) that "[i]n New York, where the procedures for cancellation provided by the contract specify conditions precedent to the right of termination, those procedures must be followed. Because plaintiff failed to abide by the conditions precedent to the right of termination, it cannot obtain remedies conditioned on the [contract]. Consequently, defendant's motion to dismiss must be granted and plaintiff's complaint dismissed."

About the Author

Peter Papagianakis

Peter Papagianakis chairs the firm's matters pertaining to business deals. Since commencing his legal career in 1997, the firm's founding partner, has practiced law exclusively in the area of business contracts and transactions. His experience has been as an attorney for a national law firm and...


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