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New additions to choice-of-law cribsheet

New today in the negotiator’s choice-of-law cribsheet —

New York:

  • Assignment of a government contract requires government consent.
  • Pre-arbitration discovery may be available to find out whom to name as defendants.

Comments on this entry are closed.

  • randomjohn 2009-07-16, 8:59 am

    No discussion of NY choice of law is complete without mentioning General Obligations Law ss 5-1401 (choice of NY law will be upheld without question if more than $250,000 is at stake) and 5-1402 (choice of NY forum will be upheld without question if NY law is chosen and $1 million is at stake)

    Also, I’ve been meaning to look into 5-903, which says that even if a maintenance contract has an automatic renewal clause, it’s not enforceable unless the provider gives notice. I don’t know whether the limitation to maintenance of personal and real property includes software (unlikely) and/or hardware (possibly). Does anyone know of any papers on the subject?

  • Mitchell Rait 2010-04-09, 8:55 pm

    Have you received any answers to your question?:

    “Also, I’ve been meaning to look into 5-903, which says that even if a maintenance contract has an automatic renewal clause, it’s not enforceable unless the provider gives notice. I don’t know whether the limitation to maintenance of personal and real property includes software (unlikely) and/or hardware (possibly). Does anyone know of any papers on the subject?”