Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On January 12, 2022, the Second Department issued a decision in KTG Hospitality, LLC v. Cobra Kitchen Ventilation, Inc., 2022 NY Slip Op. 00171, rejecting a breach of contract claim based on a third-party beneficiary theory because the plaintiff was neither named in the contract nor entitled to enforce it . . . Continue reading Plaintiff Not Named in Contract Not Third-Party Beneficiary of That Contract
On December 8, 2021, Justice Walker of the Eighth Judicial District Commercial Division issued a decision in Amherst II UE LLC v. Fitness Intl., LLC, 2021 NY Slip Op. 51289(U), holding that the COVID-19 pandemic did not render a lease valueless and so rejected a frustration of purpose defense . . . Continue reading Court Rejects Frustration of Purpose Defense Because Pandemic Did Render Lease Valueless
On January 7, 2022, Justice Odorisi of the Seventh Judicial District Commercial Division issued a decision in American Water Restoration, Inc. v. AKF Inc., 2022 NY Slip Op. 50030(U), holding that a receivables sale contract was not an usurious loan . . . Continue reading Court Rejects Argument that Receivables Sale Contract is an Usurious Loan
On January 6, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in HK Capital LLC v. Rise Dev. Partners LLC, 2022 NY Slip Op. 50024(U), holding that retainer agreements and information on a client’s payment of fees was not privileged . . . Continue reading Retainer and Other Client Payment Information Not Privileged
On January 7, 2022, Justice Reed of the New York County Commercial Division issued a decision in Ladder Capital Fin. LLC v. 1250 N. SD Mezz LLC, 2022 NY Slip Op. 50016(U), holding that a no oral modification clause barred a promissory estoppel claim . . . Continue reading No Oral Modification Clause Bars Promissory Estoppel Claim
On January 13, 2022, Justice Chan of the New York County Commercial Division issued a decision in Finkelstein v. Bank of N.Y. Mellon, 2022 NY Slip Op. 30186(U), holding that a complaint may be verified by counsel when counsel has personal knowledge of investigations into the relevant claims . . . Continue reading Complaint May Be Verified by Counsel When Counsel Has Personal Knowledge of Investigations into the Relevant Claims
On January 10, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in American Universal Supply Inc. v. Gibson Air Mech. Inc., 2022 NY Slip Op. 50018(U), discussing the procedure for foreclosing on a bonded lien . . . Continue reading Court Reviews Procedure for Foreclosing on a Bonded Lien
On January 6, 2022, Justice Platkin of the Albany County Commercial Division issued a decision in Contractors Compensation Trust v. $49.99 Sewer Man, Inc., 2022 NY Slip Op. 22004, holding that the Uniform Trial Court Rule regarding electronic service by agreement do not supplant the requirements of BCL § 304 . . . Continue reading Uniform Trial Court Rule on Electronic Service by Agreement do not Supplant Requirements of BCL § 304
On December 30, 2021, Justice Masley of the New York County Commercial Division issued a decision in Meshechok v. Corporate Solutions Group I, LLC, 2021 NY Slip Op. 32839(U), holding that the Delaware Entire Fairness standard does not apply to breach of contract pleading standards . . . Continue reading Delaware Entire Fairness Standard Inapplicable to Breach of Contract Pleading Standards
On December 30, 2021, Justice Schecter of the New York County Commercial Division issued a decision in My Size, Inc. v. North Empire LLC, 2021 NY Slip Op. 32829(U), holding that questions of fact precluded summary judgment on an affirmative defense of waiver . . . Continue reading Questions of Fact Preclude Summary Judgment on Waiver Defense
