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 April 19, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in 798 Tremont Holding LLC v. Wefile LLC, 2023 NY Slip Op. 50352(U), holding that a breach of contract claim barred an unjust enrichment claim on the same subject . . . Continue reading Contract Claim Bars Unjust Enrichment Claim on Same Subject
On April 19, 2023, the Second Department issued a decision in Parker Waichman, LLP v. Mauro, 2023 NY Slip Op. 02014, holding that the faithless servant doctrine does not prevent an employee from preparing to leave her employer . . . Continue reading Faithless Servant Doctrine Does Not Prevent Employee From Preparing to Leave Employer
On March 17, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Antara Capital Master Fund LP v. Bombardier Inc., 2023 NY Slip Op. 50206(U), holding that a no-action clause barred suit when the plaintiff failed to show that demand under the clause would be futile . . . Continue reading No-Action Clause Bars Suit
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
On February 28, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Smg Auto. Holdings LLC v. AAF Real Estate, LLC, 2023 NY Slip Op. 30673(U), holding that a landlord’s acceptance of rent waived a breach of the lease . . . Continue reading Landlord’s Acceptance of Rent Waived Breach of Lease
On February 7, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Banner Ridge Secondary Master Fund Ill, L.P. v. Newbury Equity Partners V L.P., 2023 NY Slip Op. 30392(U), holding that a letter of intent was not a binding agreement . . . Continue reading Letter of Intent Not A Binding Agreement
On February 15, 2023, the Second Department issued a decision in R. Vig Props., LLC v. Rahimzada, 2023 NY Slip Op. 00887, holding that in a real estate sales transaction, “once the deed is delivered, its terms are all that survive and the purchaser is barred from prosecuting any claims arising out of the contract” . . . Continue reading Under Merger Doctrine, Transfer of Deed Extinguished Breach of Contract Claim
On February 9, 2023, the First Department issued a decision in Ralph Lauren Retail, Inc. v. 888 Madison LLC, 2023 NY Slip Op. 00747, upholding a claim for mutual mistake . . . Continue reading Court Upholds Claim for Mutual Mistake
