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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: October 7, 2016

No Contract Claim Where Plaintiff Did Not Give Required Notice and Opportunity to Cure

On September 27, 2016, the First Department issued a decision in Safka Holdings, LLC v. 220 W. 57th St. Ltd. Partnership, 2016 NY Slip Op. 06152, holding that plaintiff had no breach of contract claim because “plaintiff failed to give defendant notice of and an opportunity to cure any deficiencies prior to bringing suit, as required by the parties’ agreement.”

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