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Remedy specified in a contract is not subject to "other available remedies" clause in that contract

Posted by Peter Papagianakis | Apr 22, 2021 | 0 Comments

In Highline LLC v. 514 W. 24th St. Partners LLC, 2021 NY Slip Op. 31042(U), the Court held that when the contract itself specifies the remedy for a party's violation of a particular clause in the contract, that specified remedy will prevail and be enforced over another clause in the contract that generally stated “the rights and remedies [] in this Agreement [] shall not [prevent a party's right to] exercise [] any other rights and remedies [of that party]."

The court's reasoning is based on a certain generally accepted standard of contract interpretation: a clause that is specific with respect to a contract issue will trump a clause that refers to that contract issue only in general terms.

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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