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COVID|19 and Force Majeure in New York


New York Update: How Force Majeure and Related Common Law ...

1984),” and courts in Pennsylvania have already determined that the COVID-19 pandemic qualifies as a natural disaster. JN Contemporary Art LLC ...

Performance under Contracts Governed by New York Law in the ...

In New York, the courts have consistently found that a party will only be excused from performance under a force majeure clause if such clause ...

Southern District of New York Holds COVID-19 Pandemic ...

Central Mkts., Inc., 70 N.Y.2d 900, 902-03 (1987) ("[O]nly if the force majeure clause specifically includes the event that actually prevents a ...

STATE OF NEW YORK FORCE MAJEURE LAW COMPENDIUM

The outbreak of the novel Coronavirus (“COVID-19”) pandemic has caused a significant impact on commercial transactions throughout the world.

Analyzing Force Majeure Clauses in Light of the Coronavirus Outbreak

41 N.Y.2d 1032 (1977). Under New York law, force majeure clauses are “to be narrowly construed”. Reade v. Stoneybrook Realty, LLC, ...

Second Circuit Signals Broader Interpretation of “Catchall ...

Second Circuit Signals Broader Interpretation of “Catchall” Provisions in Force Majeure Clauses Under New York Law ... In March 2020, as the pandemic swept ...

Commercial Division Force Majeure Decision Provides A Good ...

... COVID-19 closures/restrictions from New York courts. [1] Amherst II, No. 806643/2021, Doc. No. 27 at 10, 93 (lease at issue). [2] Id.; see ...

Force Majeure under New York Law - U.S. Insight (Coronavirus ...

New York courts construe force majeure clauses narrowly, according to the wording and requirements of each clause.

The Coronavirus And "Force Majeure" Provisions In Contracts

... New York Court of Appeals held that the provision was inapplicable. As to the second general principle, a Michigan appellate court held that for a force majeure ...

Force Majeure Clauses in the Aftermath of the Covid-19 Pandemic ...

... COVID-19 force majeure litigation: JN Contemporary Art LLC v. ... During the subject stage of the pandemic, New York had temporarily ...

New York Contract Law Remedies in the Face of Disruption Caused ...

We address those doctrines, and their potential relevance in the context of the COVID-19 crisis, below. Force Majeure. The doctrine of force ...

COVID-19: A “natural disaster” force majeure in New York?

Although questions as to whether the impact of the coronavirus could justify not performing a contract continue to wind their way through ...

Impact of the COVID-19 Pandemic on Force Majeure Defenses ...

This Legal Alert does not address the common law defenses as applied under New York law. A “force majeure clause in a contract excuses ...

Force Majeure, Contract Terminations and COVID-19 as Natural ...

A recent decision from the Southern District of New York may pave the way for broader excuse of performance in COVID-19 force majeure litigation.

COVID-19: Pressure Points: Contractual Implications and ...

Parties with contracts governed by New York law should consider a number of issues before attempting to excuse performance through force majeure clauses.

Force majeure – How New York courts have enforced the clause ...

Among the many unanticipated consequences of the coronavirus pandemic are the questions we are fielding about whether otherwise valid contracts ...

Applicability of Force Majeure and Impossibility in the Wake of ...

RETURN TO NEWS & INSIGHTS. Legal Update. Mar 23, 2020 ... Legal Update. Mar 23, 2020 ... Applicability of Force Majeure and Impossibility in the Wake of ...

Enforcement and Avoidance of Contracts in New York After COVID ...

No New York court has examined a force majeure clause in the context of a pandemic, and New York courts in general have provided little ...

Second Circuit Holds that COVID-19 Excused Defendant from ...

New York, NY · Newark, NJ · Philadelphia, PA · Providence, RI · Stamford ... COVID-19 from their force majeure clauses altogether. The decision ...

FORCE MAJEURE PROVISIONS DUIRNG THE COVID-19 ...

FORCE MAJEURE PROVISIONS DURING THE COVID-19 PANDEMIC. The Coronavirus ... For example, under New York law, the courts would consider whether there is ...