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
On October 17, 2024, the First Department issued a decision in A.N.L.Y.H. Invs. LP v. JDS Principal Highline LLC, 2024 NY Slip Op. 05133, holding that when a loan was secured by a promissory note, a plaintiff could not assert quasi-contractual claims regarding the loan, even against a party that did not sign the note . . . Continue reading Quasi-Contract Claims Regarding a Loan Could Not be Asserted Regarding a Note Securing the Loan
On October 4, 2024, the Fourth Department issued a decision in Liberty Maintenance, Inc. v. Alliant Ins. Servs., Inc., 2024 NY Slip op. 04871, holding that written contract’s integration clause barred a promissory estoppel claim based on an alleged oral modification of the written contract . . . Continue reading Promissory Estoppel Claim Barred by Written Contract
On October 2, 2024, the Second Department issued a decision in Parizat v. Meron, 2024 NY Slip Op. 04776, holding that an oral agreement regarding a party’s ownership interest in a company was not barred by the party’s written employment agreement . . . Continue reading Oral Agreement Regarding Ownership Interest Not Barred by Written Employment Agreement
On October 1, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Junik v. 61 N. 11 LLC, 2022 NY Slip Op. 34793(U), holding that a Heter Iska created an enforceable note . . . Continue reading Heter Iska is an Enforceable Note
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
