Monthly Archives: July 2014

“Condition Precedent” Litigation:  Post MHR v. Presstek

In MHR Capital Partners v. Presstek, 12 N.Y. 3d 640, 884 N.Y.S. 2d 211 (2009),  the New York Court of Appeals re-visited the law relating to conditions precedent, on the one hand, and the frustration of the occurrence of the condition, on the other.  (Disclosure: My firm represented Presstek.)

In the intervening years, MHR has been regularly and routinely cited by our Courts, almost as “gospel”, on the state of the law on conditions precedent.   A few recent New York appellate court examples follow.

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