On April 9, 2026, the First Department issued a decision in Kassirer v. Gotlib, 2026 NY Slip Op. 02154, holding that allegations of an oral agreement were insufficient because they failed to describe the material terms of the agreement . . . Continue reading Allegations of Oral Agreement Fail for Insufficient Allegations of Material Terms
On April 9, 2026, the First Department issued a decision in Air Prods. & Chems., Inc. v. World Energy, LLC, 2026 NY Slip Op. 02150, holding that references to performance or other agreements does not disqualify a guaranty from disposition by summary judgment in lieu of complaint . . . Continue reading References to Performance or Other Agreements Does Not Disqualify a Guaranty from Disposition by Summary Judgment in Lieu of Complaint
On April 1, 2026, Justice Reed of the New York County Commercial Division issued a decision in 269 W. 87th St. Apt. Corp. v. QSB 267 Prop. Co, LLC, 2026 NY Slip Op. 50450(U), dismissing an unjust enrichment claim for lack of a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between Plaintiff and Defendant
On April 7, 2026, the First Department issued a decision in KSFB Mgt., LLC v. Goldman Sachs & Co., LLC, 2026 NY Slip Op. 02064, holding that a claim for breach of an NDA failed for lack of specific allegations regarding what confidential information was misused . . . Continue reading Claim for Breach of NDA Fails For Lack of Specific Allegations Regarding What Confidential Information Was Misused
On April 7, 2026, the First Department issued a decision in Link Motion Inc. v. DLA Piper LLP (us), 2026 NY Slip Op. 02066, upholding sanctions awarded against counsel and its client for asserting baseless legal malpractice claims . . . Continue reading Counsel and Client Sanctioned for Asserting Baseless Legal Malpractice Claims
On April 2, 2026, the First Department issued a decision in Hudson ES LLC v. First Franklin Fin. Corp., 2026 NY Slip Op. 02041, holding that a defendant that is not a party to a PSA still can invoke the PSA’s no-action clause . . . Continue reading Non-Party to PSA May Still Invoke the PSA’s No-Action Clause
On April 2, 2026, the First Department issued a decision in Matter of Perlbinder v. Perlbinder, 2026 NY Slip Op. 02048, holding that a prevailing party can appeal if it received less than all the relief it sought . . . Continue reading Prevailing Party Can Appeal if it Received Less Than All the Relief it Sought
On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Telco Insights, LLC v. Telco Experts, LLC, 2026 NY Slip Op. 31190(U), holding that if the parties to an agreement select an effective date that predates when the contract is signed, the earlier date is binding . . . Continue reading If Parties to An Agreement Select an Effective Date that Predates When the Contract Was Signed, The Earlier Date is Binding
On March 24, 2026, Justice Masley of the New York County Commercial Division issued a decision in CRI Holdings Inc. v. Est4te Four Capital LLC, 2026 NY Slip Op. 31197(U), holding that a contract need not be in writing to be binding . . . Continue reading Contract Need Not Be in Writing
On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in United States Fire Ins. Co. v. Palin, 2026 NY Slip Op. 31201(U), declining to dismiss an action in favor of a later-filed New Jersey action even though the New Jersey courts refused to dismiss the later-filed action . . . Continue reading Court Declines to Dismiss in Favor of Later-Filed New Jersey Action Even Though New Jersey Courts Refused to Dismiss the Later-Filed Action
