Dear Colleagues,

Would any of you know whether there is any recent (or any) case law indicating NY (common) law might have, or might be moving toward allowing, some type of partial contributory fault defence to a contract claim for, essentially, debt. The fact situation is one where the debtor has to make good a remittance that did not reach the claimant (creditor) because not doing so would be a breach of the contract; however, the reason why the remittance did not reach the claimant is far more the claimant's fault than the debtor's (if it is due to relevant fault of the debtor at all).

Ben Zipursky has been good enough to tell me he's not aware of anything of that sort.

I've not been able to find anything in the sources available to me which, in my current retirement, don't include Westlaw.

Thanks in advance. Off list you prefer.

Best wishes for the continued health and safety of you, your families, friends and colleagues.