Category: Contracts

On May 4, 2023, Justice Boddie of the Kings County Commercial Division issued a decision in ONH 14 53rd ST, LLC v. TPG RE Fin. 2, Ltd., 2023 NY Slip Op.. 50421(U), holding that a promissory estoppel claim failed because the plaintiff’s actions were not unequivocally referable to the alleged promise . . . Continue reading Promissory Estoppel Claim Fails Because Plaintiff’s Actions Were Not Unequivocally Referable to the Alleged Promise

On April 24, 2023, Justice Crane of the New York County Commercial Division issued a decision in Ashekian v. Cresco Labs LLC, 2023 NY Slip Op. 31347(U), holding that a claim for mutual mistake cannot be based on incorrect assumptions regarding future events . . . Continue reading Claim for Mutual Mistake Cannot be Based on Incorrect Assumptions Regarding Future Events

On April 25, 2023, the First Department issued a decision in Lee v. Whayoun Jun, 2023 NY Slip Op. 02080, holding that plaintiffs did not repudiate a contract because they did not positively and unequivocally express an intent not to perform their obligations . . . Continue reading Contract Not Repudiated Absent Positive and Unequivocal Expression of Intent not to Perform

On April 27, 2023, the First Department issued a decision in National Union Fire Ins. Co. of Pittsburgh, PA v. Rudell & Assoc., Inc., 2023 NY Slip Op. 02183, holding that an extortion defense fails without evidence of threats of unlawful injury . . . Continue reading Extortion Defense Fails Without Evidence of Threats of Unlawful Injury

On March 23, 2023, the First Department issued a decision in Empery Asset Master, Ltd. v. AIT Therapeutics, Inc., 2023 NY Slip Op. 01585, holding that a plaintiff had met the heavy burden of proving its right to reformation of a contract . . . Continue reading Plaintiff Meets High Burden of Proving Reformation Claim