Mere Denial of E-Signing an Agreement Insufficient Basis to Obtain Dismissal on Summary Judgment

Mere Denial of E-Signing an Agreement Insufficient Basis to Obtain Dismissal on Summary Judgment

On October 26, 2023, Justice Doyle of the Seventh Judicial District Commercial Division issued a decision in AJ Equity Group LLC v. Office Connection, Inc., 2023 NY Slip Op. 51157(U), holding that defendant’s mere denial that she e-signed an agreement is an insufficient basis to dismiss claims related to the agreement . . . Continue reading Mere Denial of E-Signing an Agreement Insufficient Basis to Obtain Dismissal on Summary Judgment

Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence

Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence

On October 31, 2023, the First Department issued a decision in Cicardo Natl., Inc. v. Loeb, 2023 NY Slip Op. 05465, upholding the dismissal of a claim based on an oral contract when there was no corroborating documentary evidence of that contract . . . Continue reading Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence

Joint Venture Allegations Survive Motion to Dismiss Despite Questions Regarding Terms Governing the Joint Venture

Joint Venture Allegations Survive Motion to Dismiss Despite Questions Regarding Terms Governing the Joint Venture

On October 5, 2023, Justice Crane of the New York County Commercial Division issued a decision in Brabury v. Israel, 2023 NY Slip Op. 33551(U), holding that joint venture allegations survived a motion to dismiss despite questions regarding the terms of the joint venture agreement . . . Continue reading Joint Venture Allegations Survive Motion to Dismiss Despite Questions Regarding Terms Governing the Joint Venture

Waiver in Guaranty Included Waiver of Defense That Guaranty Was Unenforceable as Against Public Policy

Waiver in Guaranty Included Waiver of Defense That Guaranty Was Unenforceable as Against Public Policy

On October 5, 2023, Justice Crane of the New York County Commercial Division issued a decision in TH Holdco LLC v. Rubin, 2023 NY Slip Op. 33517(U), holding that a waiver in a loan guaranty waived a defense that the guaranty was unenforceable as against public policy . . . Continue reading Waiver in Guaranty Included Waiver of Defense That Guaranty Was Unenforceable as Against Public Policy

Claim Based on Mutual Mistake Fails Because, Among Other Reasons, of Delay in Raising Dispute

Claim Based on Mutual Mistake Fails Because, Among Other Reasons, of Delay in Raising Dispute

On October 5, 2023, Justice Cohen of the New York County Commercial Division issued a decision in ACP Hous. Assoc., L.P. v. ABJ Milano, LLC, 2023 NY Slip Op. 33469(U), holding that a claim for mutual mistake failed because, among reasons, of the delay in raising the issue . . . Continue reading Claim Based on Mutual Mistake Fails Because, Among Other Reasons, of Delay in Raising Dispute

No Claim for Breach of Covenant of Good Faith Lies Where Defendant Had Full Discretion to Act

No Claim for Breach of Covenant of Good Faith Lies Where Defendant Had Full Discretion to Act

On October 5, 2023, the First Department issued a decision in 111 W. 57th Inv. LLC v/ 111 W57 Mezz Inv. LLC, 2023 NY Slip Op. 05029, holding that a defendant that had the sole discretion to take an action could not be held liable for breaching the covenant of good faith and fair dealing for doing so . . . Continue reading No Claim for Breach of Covenant of Good Faith Lies Where Defendant Had Full Discretion to Act

Recoupment Defense Fails for Lack of Contractual Duty to Make Payments to be Recouped

Recoupment Defense Fails for Lack of Contractual Duty to Make Payments to be Recouped

On September 26, 2023, the First Department issued a decision in AOG, LLC v. Kind Operations Inc., 2023 NY Slip Op. 04710, holding that a recoupment defense should have been dismissed for lack of a contractual duty to make the payments to be recouped . . . Continue reading Recoupment Defense Fails for Lack of Contractual Duty to Make Payments to be Recouped