United States Second Circuit

In a claim for a bonus promised to plaintiffs and personally guaranteed to them by defendant-corporation's CEO, a question is certified to the New York Court of Appeals as to whether New York General Obligations Law section 15-301(1) abrogates, in the case of a contract where the second of two irreconcilable provisions requires that any modifications to the agreement be made in writing, the common law rule that where two contractual provisions are irreconcilable, the one appearing first in the contract is to be given effect rather than the one appearing subsequent.

Appellate Information

• Decided 08/05/2008
• Published 08/05/2008

Judges

• HALL, Circuit Judge:, Before:  CALABRESI, RAGGI, HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Susan R. Nudelman, Sklover & Donath, LLC, New York, NY, for Plaintiffs-Appellees., Howard W. Burns, Jr., Novak, Juhase & Stern, New York, NY, for Defendant-Appellant.