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

References to Performance or Other Agreements Does Not Disqualify a Guaranty from Disposition by Summary Judgment in Lieu of Complaint
Commercial Case Notes / Summary Judgment

References to Performance or Other Agreements Does Not Disqualify a Guaranty from Disposition by Summary Judgment in Lieu of Complaint

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

Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between Plaintiff and Defendant
Commercial Case Notes / Quantum Meruit/Unjust Enrichment

Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between Plaintiff and Defendant

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

Claim for Breach of NDA Fails For Lack of Specific Allegations Regarding What Confidential Information Was Misused
Commercial Case Notes / Contracts

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 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