On December 4, 2024, the Second Department issued a decision in Fink v. 218 Hamilton, LLC, 2024 NY Slip Op. 06026, holding that whether a closing date set in a “time is of the essence” letter was reasonable was a question of fact . . . Continue reading Whether Closing Date Set in “Time is of the Essence” Letter Reasonable is a Question of Fact
On November 25, 2024, the Court of Appeals issued a decision in Knight v. New York & Presbyt. Hosp., 2024 NY Slip Op. 05870, holding that the authenticity of a contract may be established by circumstantial evidence . . . Continue reading Authenticity of Contract May be Established by Circumstantial Evidence
On November 14, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Joseph, 2024 NY Slip Op. 34030(U), holding that a fraud claim cannot be based on the failure to keep promises of future performance . . . Continue reading Fraud Claim Cannot be Based on Failure to Keep Promises of Future Performance
On November 19, 2024, the First Department issued a decision in Starr Indem. & Liab. Co. v. Monte Carlo, LLC, 2024 NY Slip Op. 05779, holding that a counterclaim for breach of the implied covenant of good faith and fair dealing was not duplicative of a breach of contract counterclaim because it sought different damages . . . Continue reading Implied Covenant Claim Seeking Different Damages not Duplicative of Contract Claim
On October 30, 2024, Justice Chan of the New York County Commercial Division issued a decision in Aptos, LLC v. Forman Mills Inc., 2024 NY Slip Op. 33896(U), upholding a claim for anticipatory repudiation . . . Continue reading Anticipatory Repudiation Claim Upheld
On October 29, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Roytman v. Gluzman, 2024 NY Slip Op. 33870(U), declining to dismiss a breach of contract claim even though no damages were alleged . . . Continue reading Court Declines to Dismiss Contract Claim Even Though No Damages Were Alleged
On October 23, 2024, Justice Patel of the New York County Commercial Division issued a decision in KTB CRE Debt Fund No. 11 v. Rosen, 2024 NY Slip Op. 33784(U), holding that an unconditional guaranty barred defendants from raising defenses . . . Continue reading Unconditional Guaranty Bars Defendant from Raising Defenses
On October 18, 2024, Justice Chan of the New York County Commercial Division issued a decision in Saviano v. RTX Holdings, Inc., 2024 NY Slip Op. 33789(U), holding that the statute of frauds did not bar an alleged oral employment agreement . . . Continue reading Statute of Frauds Did Not Bar Alleged Oral Employment Agreement
On October 31, 2024, the First Department issued a decision in OH 126th St. Hous. Dev. Fund Corp. v. Berkley Ins. Co., 2024 NY Slip Op. 05410, holding that a consequential damages waiver in a contract did not extend to a related surety bond . . . Continue reading Consequential Damages Waiver in Contract Does Not Apply to Related Surety Bond
On October 24, 2024, the First Department issued a decision in Noyack Med. Partners LLC v. OSK IX, LLC, 2024 NY Slip Op. 05286, holding that a party waived its claim based on the failure timely to close a transaction by continuing to negotiate the transaction . . . Continue reading Party Waived Claim Based on Failing Timely to Close By Continuing to Negotiate
