Person That Signs Registration Statement Liable for Misstatements in it and Cannot Disclaim That Liability
Commercial Case Notes / Securities

Person That Signs Registration Statement Liable for Misstatements in it and Cannot Disclaim That Liability

On April 16, 2026, the First Department issued a decision in Glenmede Trust Co., N.A. v. Infinity Q Capital Mgt. LLC, 2026 NY Slip Op. 02330, holding that a person that signs a registration statement is liable for misstatements in it and cannot disclaim that responsibility . . . Continue reading Person That Signs Registration Statement Liable for Misstatements in it and Cannot Disclaim That Liability

Fraud Claim Can be Based on False Representation of Ability to Perform a Contract
Commercial Case Notes / Fraud/Misrepresentation

Fraud Claim Can be Based on False Representation of Ability to Perform a Contract

On April 6, 2026, Justice Patel of the New York County Commercial Division issued a decision in JLJ Capital LLC v. Churchill Real Estate Holdings LLC, 2026 NY Slip Op. 31389(U), holding that a fraud claim can be based on a false representation of the ability to perform a contract . . . Continue reading Fraud Claim Can be Based on False Representation of Ability to Perform a Contract

Despite Saying That it Was Binding, Term Sheet Was at Most An Agreement to Negotiate in Good Faith
Commercial Case Notes / Contracts

Despite Saying That it Was Binding, Term Sheet Was at Most An Agreement to Negotiate in Good Faith

On April 6, 2026, Justice Cohen of the New York County Commercial Division issued a decision in BNP Dev. LLC v. 9 DeKalb Fee Owner LLC, 2026 NY Slip Op. 31382(U), holding that even though a term sheet said it was binding, it was at most just an agreement to negotiate in good faith . . . Continue reading Despite Saying That it Was Binding, Term Sheet Was at Most An Agreement to Negotiate in Good Faith

Statute of Limitations on Declaratory Judgment Claim Did Not Start to Run Until Plaintiff Learned That Defendant Was Repudiating Plaintiff’s Rights
Commercial Case Notes / Declaratory Judgment / Statute of Limitation/Laches

Statute of Limitations on Declaratory Judgment Claim Did Not Start to Run Until Plaintiff Learned That Defendant Was Repudiating Plaintiff’s Rights

On April 8, 2026, the Second Department issued a decision in Cinquemani v. Money Source, Inc., 2026 NY Slip Op. 02100, holding that the statute of limitations on a declaratory judgment claim did not start to run until the plaintiff learned that the defendant was repudiating the plaintiff’s rights . . . Continue reading Statute of Limitations on Declaratory Judgment Claim Did Not Start to Run Until Plaintiff Learned That Defendant Was Repudiating Plaintiff’s Rights