On June 18, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Mind Ctrs. II, LLC v. Barr, 2024 NY Slip Op. 32111(U), upholding a recission claim because of alleged fraudulent inducement . . . Continue reading Rescission Claim Upheld Because of Fraudulent Inducement
On June 18, 2024, the First Department issued a decision in EXRP 14 Holdings LLC v. LS-14 Ave LLC, 2024 NY Slip Op. 03325, holding that a contract’s merger clause barred a claim based on an alleged oral agreement . . . Continue reading Contract’s Merger Clause Barred Claim Based on Alleged Oral Agreement
On June 11, 2024, the First Department issued a decision in Brevet Direct Lending Short Duration Fund, L.P. v. Aprio LLP, 2024 NY Slip Op. 03128, holding that a contract term limiting liability to gross negligence requires intentional wrongdoing or reckless indifference to the rights of others . . . Continue reading Contractual Liability Limitation Requiring Gross Negligence Requires Intentional Wrongdoing or Reckless Indifference
On May 29, 2024, Justice Masley of the New York County Commercial Division issued a decision in Gramercy Funds Mgt. LLC v. Schlumberger N.V., 2024 NY Slip Op. 31855(U), holding that a complaint had sufficiently alleged that a corporate parent that negotiated an agreement on behalf of a subsidiary was bound by the agreement . . . Continue reading Corporate Parent that Negotiated Agreement on Behalf of Subsidiary Can Be Bound by the Agreement
On May 30, 2024, the First Department issued a decision in 110 NC LLC v. Bank of Am., N.A., 2024 NY Slip Op. 02974, holding that when there is a question regarding the existence of a contract, a plaintiff can assert both unjust enrichment and breach of contract claims . . . Continue reading Where There is a Question Over the Existence of a Contract, Plaintiff Can Assert Both Unjust Enrichment and Contract Claims
On May 23, 2024, the First Department issued a decision in Kataman Metals LLC v. Macquarie Futures USA, LLC, 2024 NY Slip Op. 02869, holding that a modification to a contract does not require new consideration . . . Continue reading Contract Modification Does Not Require New Consideration
On May 14, 2024, the First Department issued a decision in Aronson Mayefsky & Sloan, LLP v. Praeger, 2024 NY Slip Op. 02657, holding that a law firm is allowed to bring both breach of contract and account stated claims regarding unpaid bills . . . Continue reading Law Firm Allowed to Bring Both Contract and Account Stated Claims Regarding Unpaid Bills
On May 16, 2024, the Court of Appeals issued a decision in Mulacek v. ExxonMobil Corp., 2024 NY Slip Op. 02724, holding that a no action clause barred a claim against an issuer . . . Continue reading No Action Clause Bars Claim Against Issuer
On April 17, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Exceed LLC v. Relo LLC, 2024 NY Slip Op. 31439(U), dismissing a declaratory judgment claim as duplicative of a breach of contract claim . . . Continue reading Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim
On April 16, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Atlas Tech. Group LLC v. Soluna MC LLC, 2024 NY Slip Op. 31448(U), holding that a conversion claim cannot be based on a payment owed under a contract . . . Continue reading Conversion Claim Cannot be Based on Payment Owed Under Contract
