Adler & Shaykin v. Wachner’s Empirical Analysis
1988
Citation profile
22
cited by 22 later decisions
December 2005
most recently cited
1 district ·
Relationships
Relies on Clark-Fitzpatrick, Inc. v. Long Island Rail Road · Sabo v. Delman · Project Release v. Prevost · Schering Corporation v. Home Insurance Company · Reno v. . Bull
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hether the document in question refers to the oral agreement, or whether the alleged oral agreement between the parties “is the sort of complex arrangement which is customarily reduced to writing” Manufacturers Hanover Trust Company v. Margolis, 115 A.D.2d 406 , 407-8, 496 N.Y.S.2d 36, 37 (1st Dep’t 1981); whether the parties were represented by experienced counsel when they entered into the agreement, Pecorella v. Greater Buffalo Press, Inc., 84 A.D.2d 950 , 446 N.Y.S.2d 709 (4th Dep’t 1981); whether the parties and their counsel negotiated during a lengthy period, resulting in a specially drawn out and executed agreement, and whether the condition at issue is fundamental, Braten v. Bankers Trust Co., 60 N.Y.2d at 162 , 468 N.Y.S.2d at 864 , 456 N.E.2d at 805 (1983); if the contract, which does not include the standard integration clause, nonetheless contains wording like “ ‘[i]n consideration of the mutual promises herein contained, it is agreed and covenanted as follows,” and ends by stating that the foregoing correctly sets forth your understanding of our Agreement’ ”, Lee v. Joseph E. Seagram & Sons, 413 F.Supp. at 701 .”
3 later decisions quote this exact passage · from the majority“If upon inspection and study of the writing, read, it may be, in the light of surrounding circumstances in order to [determine] its proper understanding and interpretation, it appears to contain the engagements of the parties, and to define the object and measure the extent of such engagement, it constitutes the con tract between them, and is presumed to contain the whole of that contract.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.