Television Credit Corp. v. Int'l Television Corp.

3 Citing cases

  1. Gordon v. Vincent Youmans, Inc.

    358 F.2d 261 (2d Cir. 1965)   Cited 73 times
    Applying New York law

    Here, the recital in the contemporaneous assignment casts doubt upon the purpose and meaning of the release. See Television Credit Corp. v. International Television Corp., 279 App. Div. 561, 107 N.Y.S.2d 179, 180 (1951). The release expressly calls for a payment from Gordon to Youmans; the assignment makes clear that Miller Music Corporation, not Gordon, was to supply the consideration for the release.

  2. Sword Line, Inc. v. United States

    134 F. Supp. 631 (S.D.N.Y. 1955)

    Accordingly, in the absence of allegations raising such issues it would appear that the executed plan of arrangement is a complete bar to the libel, 11 U.S.C.A. § 767(1). Cf. Television Credit Corporation v. International Television Corporation, 279 A.D. 561, 107 N.Y.S.2d 179; Simon v. Simon, 274 A.D. 447, 84 N.Y.S.2d 307; 6 Williston, Contracts (1938 ed.) § 1825, p. 5169.         Accordingly, respondent's exceptive allegations are sustained.

  3. Blink v. Johnson

    2015 N.Y. Slip Op. 32975 (N.Y. Sup. Ct. 2015)   Cited 3 times

    ontract does not refer in terms to the other" and this issue boils down to "whether the parties assented to all of the promises as a whole, so that there would have been no bargain if any promise or set of promises had been stricken" (Williams v Mobil Oil Corp., 83 A.D.2d 434, 439-440 [2d Dept 1981]; Durst v Abrash, 22 A.D.2d 39 [1st Dept 1964] affd 17 N.Y.2d 445 [1965]; Commander Oil Corp. v Advance Food Serv. Equip., 991 F.2d 49 [2d Cir 1993]).In addition, when one agreement incorporates another agreement by reference, the provisions of the contracts must be construed together (Ferrari v Iona College, 95 A.D.3d 576 [1st Dept 2012], lv denied 20 N.Y.3d 859 [2013]; Chiacchia v National Westminster Bank USA, 124 A.D.2d 626 [2d Dept 1986]). Furthermore, it is well settled that a release that is executed simultaneously with an agreement must be construed in connection with the agreement (Television Credit Corp. v International Television Corp., 279 A.D. 561 [1st Dept 1951]).