Buyer’s Anticipatory Repudiation of Purchase Contract Entitled Seller to Retain Down Payment as Liquidated Damages
Commercial Case Notes / Contracts / Real Property

Buyer’s Anticipatory Repudiation of Purchase Contract Entitled Seller to Retain Down Payment as Liquidated Damages

On May 14, 2025, the Second Department issued a decision in JP Pizza Eastport, LLC v. Luigi’s Main St. Pizza, Inc., 2025 NY Slip Op. 02915, holding that a buyer’s anticipatory repudiation of a purchase contract entitled the seller to retain the buyer’s down payment as liquidated damages . . . Continue reading Buyer’s Anticipatory Repudiation of Purchase Contract Entitled Seller to Retain Down Payment as Liquidated Damages

Commercial Case Notes / Contracts / Real Property

Broker Entitled to Commission if Seller Thwarted the Transaction to Avoid Paying the Commission

On May 13, 2025, the First Department issued a decision in Picken v. RN Realty LLC, 2025 NY Slip Op. 02888, holding that a real estate broker was entitled to a commission if the seller thwarted the transaction in order to avoid paying the commission . . . Continue reading Broker Entitled to Commission if Seller Thwarted the Transaction to Avoid Paying the Commission

LLCs Allowed to Assign Claims to Disbarred Attorney Who Could Then Litigate Them Pro Se
Commercial Case Notes / Law Firms and Professional Ethics

LLCs Allowed to Assign Claims to Disbarred Attorney Who Could Then Litigate Them Pro Se

On April 29, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Allyn v. Wings Air Helicopters, LLC, 2025 NY Slip Op. 50707(U), allowing LLCs to assign their claims to a disbarred lawyer and then allowing the lawyer to pursue the claims pro se . . . Continue reading LLCs Allowed to Assign Claims to Disbarred Attorney Who Could Then Litigate Them Pro Se