On June 25, 2023, Justice Masley of the New York County Commercial Division issued a decision in Seaport Mgmt. Dev. Co., LLC v. Shop Architects, P.C., 2023 NY Slip Op. 32105(U), holding that an expert was not required to prove a company’s damages . . . Continue reading Expert Not Required to Prove Company’s Damages
On June 21, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in August Constr. Group, Inc. v. DeGroat, 2023 NY Slip Op. 50604(U), dismissing a tortious interference with prospective economic advantage claim for, among other things, failure to allege a related crime or independent tort . . . Continue reading Tortious Interference with Prospective Economic Advantage Claim Fails for Lack of Allegations of a Related Crime or Independent Tort
On June 29, 2023, the First Department issued a decision in EPAC Tech. Ltd. v. Interforum S.A., 2023 NY Slip Op. 03543, holding that a lack of due diligence bars a fraudulent inducement claim . . . Continue reading Lack of Due Diligence Bars Fraudulent Inducement Claim
On June 22, 2023, the First Department issued a decision in Talking Capital Windup LLC v. Omanoff, 2023 NY Slip Op. 03424, holding that an unclean hands defense was not available for claims unrelated to the claims in suit . . . Continue reading Unclean Hands Defense Not Available for Conduct Unrelated to Claims in Suit
On June 22, 2023, the First Department issued a decision in Haussmann v. Baumann, 2023 NY Slip Op. 03407, holding that the internal affairs doctrine barred a derivative action . . . Continue reading Derivative Action Barred by Internal Affairs Doctrine
On June 20, 2023, the First Department issued a decision in Cresco Labs N.Y., LLC v. Fiorello Pharms., Inc., 2023 NY Slip Op. 03305, holding that a plaintiff was not entitled to consequential damages for breach of a letter of intent . . . Continue reading Plaintiff Not Entitled to Consequential Damages for Breach of Letter of Intent
On June 7, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Downtown Special Situations Holdings, LLC v. Mills Dental-Downtown Brooklyn, PLLC, 2023 NY Slip Op. 31930(U), defaulting a limited liability company for failure to appear through counsel . . . Continue reading LLC Defaulted for Failure to Appear by Counsel
On June 15, 2023, the First Department issued a decision in Barnett v. Berkowitz, 2023 NY Slip Op. 03286, holding that a claim for breach of the duty of good faith and fair dealing can exist when the defendant has not breached a term of a contract . . . Continue reading Claim for Breach of the Duty of Good Faith and Fair Dealing Can Exist Even When a Contract Term Has Not Been Breached
On June 15, 2023, the First Department issued a decision in Parkmerced Invs., LLC v. WeWork Cos. LLC, 2023 NY Slip Op. 03290, holding that a breach of contract claim cannot be based on a term sheet that by its terms is non-binding . . . Continue reading Contract Claim Cannot Be Based on Term Sheet That By its Terms is Non-Binding
On June 13, 2023, the First Department issued a decision in Republic of Kazakhstan v. Chapman, 2023 NY Slip Op. 03211, holding that an arbitral award could not be challenged in court based on newly-discovered evidence . . . Continue reading Arbitral Awards Cannot Be Challenged in Court Based on New Evidence
