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
On April 23, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Big City Outdoor, LLC v. JTRE 23 WS LLC, 2026 NY Slip Op. 50579(U), reforming a contract on summary judgment based on the parties’ course of performance and the avoidance of absurd results . . . Continue reading Court Reforms Contract on Summary Judgment Based on Course of Performance and Avoidance of Absurd Results
On April 21, 2026, the First Department issued a decision in Cincinnati Terrace Member LLC v. Tartar Krinsky & Drogin LLC, 2026 NY Slip Op. 02369, holding that a contract’s choice of law provision did not govern the statute of limitations for a claim related to the contract . . . Continue reading Choice of Law Provision Did Not Govern Statute of Limitations
On April 16, 2026, the First Department issued a decision in Metropolitan Partners Group Admin., LLC v. Nerney, 2026 NY Slip Op. 02340, holding that a fraud claim was not duplicative of a breach of contract claim because the alleged misrepresentations were collateral to the contract . . . Continue reading Fraud Claim Not Duplicative of Contract Claim Because Alleged Misrepresentations Were Collateral to the Contract
On April 6, 2026, Justice Cohen of the New York County Commercial Division issued a decision in BNP Dev. LLC v. 9 DeKalb Fee Owner LLC, 2026 NY Slip Op. 31382(U), holding that even though a term sheet said it was binding, it was at most just an agreement to negotiate in good faith . . . Continue reading Despite Saying That it Was Binding, Term Sheet Was at Most An Agreement to Negotiate in Good Faith
On April 1, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Levy v. Viscogliosi Bros., LLC, 2026 NY Slip Op. 31338(U), dismissing tort claims as duplicative of a contract claim because they arose from the same alleged misconduct . . . Continue reading Tort Claims Dismissed as Duplicative of Contract Claim
