ALJ CAPITAL I, L.P. v. THE DAVID J. JOSEPH COMPANY


48 A.D.3d 208 (2008)

851 N.Y.S.2d 154

ALJ CAPITAL I, L.P., et al., Appellants, v. THE DAVID J. JOSEPH COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 5, 2008.


The complaint was properly dismissed on the ground that plaintiffs failed to provide prompt written notice of a "Disallowance," a condition precedent to their right to demand repayment from defendant under the subject agreement. The giving of such notice was always within plaintiffs' control, and, despite the lack of explicitly conditional language, was unmistakably required by the agreement's "Cure Period" provision prior to the assertion of a claim for repayment (see...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases