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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: December 24, 2015

Termination for Convenience Clause Enforceable Without Regard to Defendant’s Good Faith

On December 15, 2015, the First Department issued a decision in Minelli Construction Co., Inc. v. WDF Inc., 2015 NY Slip Op. 09205, upholding the dismissal of a breach of contract claim alleging improper termination of the contract, because “[t]he termination for convenience clause set forth in Article 28 of the parties’ subcontract is enforceable, without regard to [the defendant’s] good faith, or lack thereof, in invoking it.”

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