Court Upholds Covenant of Good Faith and Fair Dealing Claim Based on Alleged Refusal to Engage in Settlement Negotiations
Commercial Case Notes / Contracts

Court Upholds Covenant of Good Faith and Fair Dealing Claim Based on Alleged Refusal to Engage in Settlement Negotiations

On March 11, 2024, Justice Chan of the New York County Commercial Division issued a decision in Newage Garden Grove, LLC v Wells Fargo Bank, N.A., 2024 NY Slip Op. 30855(U), upholding a claim for the breach of the covenant of good faith and fair dealing based on an alleged refusal to engage in settlement negotiations . . . . Continue reading Court Upholds Covenant of Good Faith and Fair Dealing Claim Based on Alleged Refusal to Engage in Settlement Negotiations

Claims Based on Alleged Oral Partnership Agreement Barred by No Written Modifications Clause of Employment Agreement
Commercial Case Notes / Contracts

Claims Based on Alleged Oral Partnership Agreement Barred by No Written Modifications Clause of Employment Agreement

On March 5, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in NY Cardio Care PLLC v. Salman, 2024 NY Slip Op. 30850(U), holding that claims based on an alleged oral partnership agreement were barred by a no written modifications clause in an employment agreement . . . Continue reading Claims Based on Alleged Oral Partnership Agreement Barred by No Written Modifications Clause of Employment Agreement

Court Erred in Vacating Injunction Granted on Default When There Was No Reasonable Excuse for the Default
Commercial Case Notes / Default Judgment

Court Erred in Vacating Injunction Granted on Default When There Was No Reasonable Excuse for the Default

On March 20, 2024, the Second Department issued a decision in Saleh v. Hudson 418 Riv. Rd., Ltd., 2024 NY Slip Op. 01573, holding that an injunction granted on default should not have been vacated when there was no reasonable excuse for the default . . . Continue reading Court Erred in Vacating Injunction Granted on Default When There Was No Reasonable Excuse for the Default

No Contribution Claim Without Duty to Either Plaintiff or Co-Defendant
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

No Contribution Claim Without Duty to Either Plaintiff or Co-Defendant

On March 27, 2024, the Second Department issued a decision in Michael Anthony Contr. Corp. v. Queens N.Y. Realty, LLC, 2024 NY Slip Op. 01704, holding that there can be no contribution claim without a duty owed to the plaintiff or the defendant seeking contribution . . . Continue reading No Contribution Claim Without Duty to Either Plaintiff or Co-Defendant