On September 7, 2022, Justice Ostrager of the New York County Commercial Division issued a decision in Series PC of HCI-Cerberus PCNY Owner LP v. Diamond Resorts Intl. Mktg., Inc., 2022 NY Slip Op. 32998(U), dismissing a litany of defenses to contract performance based on the pandemic . . . Continue reading Court Dismisses Litany of Defenses to Contract Performance Based on the Pandemic
On August 25, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Alsaidi v. Alsaede, 2022 NY Slip Op. 32927(U), dismissing a counterclaim for additional consideration due under an agreement based on the agreement’s merger clause . . . Continue reading Counterclaim for Additional Consideration Barred by Merger Clause
On August 31, 2022, the Second Department issued a decision in 255 Butler Assoc., LLC v. 255 Butler, LLC, 2022 NY Slip Op. 05068, holding that when a contract did not specify a particular time for performance, the defendant had a reasonable time in which to perform . . . Continue reading Where Contract Did Not Specify Time for Performance, Defendant Had a Reasonable Time to Perform
On August 4, 2022, the Fourth Department issued a decision in Koike Aronson, Inc. v. Bearing Distribs., Inc., 2022 NY Slip Op. 04834, holding that an order confirmation form is not a counteroffer that, if accepted by performance, incorporates the form’s terms into the parties’ agreement . . . Continue reading Order Confirmation Form is not a Counteroffer That if Accepted by Performance Incorporates the Form’s Terms into the Parties’ Agreement
On June 10, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Noor Staffing Group, LLC v. Christoforou-Gioules, 2022 NY Slip Op. 31853(U), holding that a contractual duty to negotiate is not breached by a failure to agree after good faith negotiations . . . Continue reading Contractual Duty to Negotiate an Agreement is not Breached by the Mere Failure to Agree
On May 23, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Greenwich St. Equities v. Federman, 2022 NY Slip Op. 31780(U), rejecting a duress defense . . . Continue reading Duress Defense Fails for Lack of Allegations of a Wrongful Threat
On June 16, 2022, the First Department issued a decision in VII MP Miami Hotel Owner, LLC v. Hycroft, LLC, 2022 NY Slip Op. 03983, holding that a liquidated damages clause was not an unenforceable penalty . . . Continue reading Liquidated Damages Clause Not an Unenforceable Penalty
On June 10, 2022, the Fourth Department issued a decision in Ehlenfield v. Kingsbury, 2022 NY Slip Op. 03817, holding that e-mails with counsels’ names below the messages constituted signed writings . . . Continue reading E-Mails With Counsels’ Names Below the Messages Constitute Signed Writings
On June 7, 2022, the First Department issued a decision in Baker v. Greentech Capital Advisors, L.P., 2022 NY Slip Op. 03679, holding that a choice of law provision did not govern the statute of limitations . . . Continue reading Choice of Law Provision Did Not Govern Statute of Limitations
On June 2, 2022, the First Department issued a decision in LHWS LLC v. S.L. Green Realty Corp., 2022 NY Slip Op. 03574, holding that a broker had adequately alleged its entitlement to a commission . . . Continue reading Broker Adequately Alleges Entitlement to Commission
