On September 8, 2026, Justice Patel of the New York County Commercial Division issued a decision in ET JV Holdings, LLC v. TBH-ASL BSA Member LLC, 2026 NY Slip Op. 51558(U), holding that an option cannot be exercised before the beginning of the option period . . . Continue reading Option Cannot Be Exercised Before Beginning of Option Period
On October 6, 2026, the First Department issued a decision in 5 Beekman Prop. Owner, LLC v. Henick-Lane, Inc., 2026 NY Slip Op. 05712, holding that the voluntary payment doctrine did not bar a claim because the payment was made by mistake . . . Continue reading Voluntary Payment Doctrine Did Not Bar Claim Because Payment Was Made by Mistake
On September 30, 2026, the Second Department issued a decision in Board of Educ. of the Blind Brook-Rye Union Free Sch. Dist. v. Kliment Halsband Architects, 2026 NY Slip Op. Continue reading Contract Claim Cannot be Reframed as a Negligence Claim
On October 1, 2026, the First Department issued a decision in Hakim v. Hakim, 2026 NY Slip Op. 05598, holding that a note based on past consideration failed to meet Continue reading Note Based on Past Consideration Failed to Meet Requirements for Validity
On September 3, 2026, the First Department issued a decision in Jefferies LLC v. Mountain State Energy Holdings LLC, 2026 NY Slip Op. 05232, enforcing an agreement limiting a party’s liability . . . Continue reading Court Enforces Agreement Provision Limiting Liability
On June 26, 2026, the Fourth Department issued a decision in NewCo Capital Group LLC v. SPE Trading, Inc., 2026 NY Slip Op. 04057, holding that an unconscionability defense failed for lack of procedural unconscionability . . . Continue reading Unconscionability Defense fails for Lack of Procedural Unconscionability
On May 27, 2026, Justice Ondrovic of the Westchester County Commercial Division issued a decision in Morataya v. 183 Lincoln Ave. LLC, 2026 NY Slip Op. 50819(U), holding that a contract claim based on an oral contract to purchase real property was barred by the Statute of Frauds . . . Continue reading Oral Contract Claim Regarding Real Property Barred by Statute of Frauds
On April 30, 2026, the First Department issued a decision in Arena Vantage SPV, LLC v. Actionable Process LLC, 2026 NY Slip Op. 02722, holding that even though an agent had no contractual duty to enforce lenders’ rights, it still could be liable for breach of the covenant of good faith and fair dealing by failing to do so . . . Continue reading Even Though Agent Had No Contractual Duty to Enforce Lenders’ Rights, It Still Could be Liable for Breach of Covenant of Good Faith and Fair Dealing by Failing to Do So
On May 20, 2026, the Second Department issued a decision in GPB Capital Holdings, LLC v. Dibre, 2026 NY Slip Op. 03150, holding that the failure to exercise best efforts constituted a breach of the covenant of the implied duty of good faith and fair dealing . . . Continue reading Failure to Exercise Best Efforts Constitutes Breach of Covenant of Good Faith and Fair Dealing
On May 28, 2026, the Court of Appeals issued a decision in 111 W. 57th Inv. LLC v. 111 W57 Mezz Inv. LLC, 2026 NY Slip Op. 03376, holding that even where a contract gives a party the right to act in its sole discretion, it still must exercise that discretion in good faith . . . Continue reading Even Where Contract Gives Party Right to Act in its Sole Discretion, it Still Must Exercise That Discretion in Good Faith
