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
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
On April 1, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Levy v. Viscogliosi Bros., LLC, 2026 NY Slip Op. 31338(U), dismissing tort claims as duplicative of a contract claim because they arose from the same alleged misconduct . . . Continue reading Tort Claims Dismissed as Duplicative of Contract Claim
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
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
