Settlement Agreement Was an Executory Accord, Allowing Plaintiff to Assert Settled Claims if Defendant Failed to Perform
Commercial Case Notes / Contracts

Settlement Agreement Was an Executory Accord, Allowing Plaintiff to Assert Settled Claims if Defendant Failed to Perform

On September 26, 2024, Justice Chan of the New York County Commercial Division issued a decision in GSP Merrimack LLC v. Javelin Global Commodities (UK) Ltd., 2024 NY Slip Op. 33460(U), holding that a settlement agreement was an executory accord, allowing the plaintiff to assert the settled claims if defendant failed to perform as agreed under the settlement . . . Continue reading Settlement Agreement Was an Executory Accord, Allowing Plaintiff to Assert Settled Claims if Defendant Failed to Perform

Court Declines to Dismiss in Favor of Earlier Filed Action When Later Action Involved More Parties and Contracts
Commercial Case Notes / Motion to Dismiss

Court Declines to Dismiss in Favor of Earlier Filed Action When Later Action Involved More Parties and Contracts

On September 27, 2024, Justice Patel of the New York County Commercial Division issued a decision in Aerogen LLC v. Tapjets Holdings Inc., 2024 NY Slip Op. 51341(U), declining to dismiss in favor of an earlier filed action when the later action involved more parties and contracts . . . Continue reading Court Declines to Dismiss in Favor of Earlier Filed Action When Later Action Involved More Parties and Contracts

Prejudgment Interest Calculated on Damages Caused by Breach Even if There Was a Later Mitigation of Damages
Commercial Case Notes / Damages

Prejudgment Interest Calculated on Damages Caused by Breach Even if There Was a Later Mitigation of Damages

On September 19, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Telefonica S.A. v. Millicom Intl. Cellular S.A., 2024 NY Slip Op. 33315(U), holding that prejudgment interest was calculated on the damages caused on the date of breach even if there was a later mitigation of damages . . . Continue reading Prejudgment Interest Calculated on Damages Caused by Breach Even if There Was a Later Mitigation of Damages

Motion for Reargument May Be Made By Judge That Did Not Issue Order if Issuing Judge Unavailable
Commercial Case Notes / Reconsideration/Renewal/Reargument

Motion for Reargument May Be Made By Judge That Did Not Issue Order if Issuing Judge Unavailable

On September 27, 2024, the Fourth Department issued a decision in Counsel Fin. Holdings LLC v. Sullivan Law, L.L.C., 2024 NY Slip Op. 04697, holding that a judge other than the one that issued a decision can decide a motion for reargument if the issuing judge is unavailable . . . Continue reading Motion for Reargument May Be Made By Judge That Did Not Issue Order if Issuing Judge Unavailable