Thomas J. Hall and Judith A. Archer COVID-19 Litigation Brings Few Surprises So Far
In their Commercial Division Update, Thomas J. Hall and Judith A. Archer write that where COVID-based arguments have been raised, the results are not particularly surprising in light of well-developed New York law, including for the criteria to establish impossibility of performance, frustration of purpose or other contractual excuse.
December 17, 2020 at 12:30 PM
9 minute read
Earlier this year, there were many predictions of a litigation explosion due to the COVID‑19 pandemic. While the worst may be yet to come, an avalanche of COVID-19 arguments has not yet cascaded into the Commercial Division. Where COVID-based arguments have been raised, the results are not particularly surprising in light of well-developed New York law, including for the criteria to establish impossibility of performance, frustration of purpose or other contractual excuse. In this column, we examine how the Commercial Division has dealt with these issues to date, which might provide some insight into how COVID-19 arguments will be resolved in the future.
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