On May 6, 2025, the First Department issued a decision in JAB Bldg., LLC v. 950 Third Ave. LLC, 2025 NY Slip Op. 02723, holding that the repudiation of a contract was timely withdrawn, returning the contract to effectiveness . . . Continue reading Repudiation of Contract Timely Withdrawn
On May 14, 2025, the Second Department issued a decision in JP Pizza Eastport, LLC v. Luigi’s Main St. Pizza, Inc., 2025 NY Slip Op. 02915, holding that a buyer’s anticipatory repudiation of a purchase contract entitled the seller to retain the buyer’s down payment as liquidated damages . . . Continue reading Buyer’s Anticipatory Repudiation of Purchase Contract Entitled Seller to Retain Down Payment as Liquidated Damages
On May 13, 2025, the First Department issued a decision in Picken v. RN Realty LLC, 2025 NY Slip Op. 02888, holding that a real estate broker was entitled to a commission if the seller thwarted the transaction in order to avoid paying the commission . . . Continue reading Broker Entitled to Commission if Seller Thwarted the Transaction to Avoid Paying the Commission
On April 21, 2025, Justice Chan of the New York County Commercial Division issued a decision in Quinn Emanuel Urquhart & Sullivan, LLP v Desktop Metal, Inc., 2025 NY Slip Op 31402(U), holding that the anticipatory repudiation doctrine only applies in in limited circumstances . . . Continue reading Anticipatory Repudiation Doctrine Only Applies in Limited Circumstances
On April 21, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Sleepyheadsyo, LLC v. Ilias Inc., 2025 NY Slip Op. 50600(U), holding that a plaintiff may alleged contract and quasi-contract claims in the alternative . . . Continue reading Plaintiff May Allege Contract and Quasi-Contract Claims in the Alternative
On April 28, 2025, Justice Chimes of the Erie County Commercial Division issued a decision in Kalamata Capital Group, LLC v. Colorado Trailers, Inc., 2025 NY Slip Op. 31502(U), holding that an unconscionability defense failed for lack of allegations of unequal bargaining power . . . Continue reading Unconscionability Defense Fails for Lack of Allegations of Unequal Bargaining Power
On April 29, 2025, the First Department issued a decision in Manorhaven Capital LLC v. Marc J. Bern & Partners, LLP, 2025 NY Slip Op. 02551, holding that a breach of contract claim cannot be based on alleged trivial deviations from a contract’s notice provisions . . . Continue reading Breach of Contract Claim Cannot Be Based on Alleged Trivial Deviation from Contract’s Notice Provisions
On April 1, 2025, Justice Cohen of the New York County Commercial Division issued a decision in World Host Group US Inc. v. O’Cloud Ventures, LLC, 2025 NY Slip Op. 31159(U), holding that an implied covenant claim cannot be based on pre-contract actions . . . Continue reading Implied Covenant Claim Cannot be Based on Pre-Contract Actions
On March 27, 2025, the First Department issued a decision in Pappas v. B & G Holding Co., 2025 NY Slip Op. 01873, holding that where a partnership agreement provided for the transfer of ownership interests at death, a partner could not transfer ownership in his will . . . Continue reading Where Partnership Agreement Provided for Transfer of Ownership Interest at Death, Partner Could Not Transfer Ownership in His Will
On February 28, 2025, Justice Masley of the New York County Commercial Division issued a decision in Martha Stewart Living Omnimedia, LP v. Snow Joe LLC, 2025 NY Slip Op. 30683(U), holding that nominal damages are sufficient to meet that damages element of a breach of contract claim . . . Continue reading Nominal Damages Sufficient to Meet Damages Element of Breach of Contract Claim
