On June 5, 2025, the First Department issued a decision in Gamma USA, Inc. v. Pavarini McGovern, LLC, 2025 NY Slip Op. 03380, finding that none of the exceptions to a no damages for delay clause applied . . . Continue reading Court Declines to Waive No Damages for Delay Clause
On May 29, 2025, the First Department issued a decision in Martin v. William & Cindy Abrams Family Trust, 2025 NY Slip Op. 03253, holding that an agreement did not provide for the forfeiture of an ownership interest in a corporation because it did not clearly provide for it . . . Continue reading Agreement Does Not Result in Forfeiture Because Agreement Did Not Clearly Provide for It
On May 22, 2025, the First Department issued a decision in O’Brien v. Kaplan, 2025 NY Slip Op. 03141, holding that the statute of frauds barred an action even though it led to an unfair result . . . Continue reading Statute of Frauds Bars Action Even if it Leads to An Unfair Result
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 LLC, 2025 NY Slip Op. 02723, holding that the repudiation of a contract was timely withdrawn, returning the contract to effectiveness .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 Continue reading Repudiation of Contract Timely Withdrawn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
