New York Court of Appeals

Welsbach Elec v. Mastec N. Am

November 20, 20067 N.Y.3d 624

Summary

The Court of Appeals held that New York's public policy against pay‑if‑paid clauses is not so fundamental as to defeat the parties' choice‑of‑law provision applying Florida law, and therefore the pay‑if‑paid clause is enforceable. The appellate division's order striking the affirmative defenses was reversed.