Curtis Leitner Peter Gennuso

November 14, 2022 | New York Law Journal

Over the past few decades, a deep split has developed between New York's state and federal courts over the enforceability of fee provisions incorporating general commercial practice. The First Department has upheld them, but federal judges in the Southern District have invalidated them as unenforceable "agreements to agree."

By Curtis Leitner, Peter Gennuso and MarcAnthony Bonanno

8 minute read