Claims Based on Alleged Oral Partnership Agreement Barred by No Written Modifications Clause of Employment Agreement
Commercial Case Notes / Contracts

Claims Based on Alleged Oral Partnership Agreement Barred by No Written Modifications Clause of Employment Agreement

On March 5, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in NY Cardio Care PLLC v. Salman, 2024 NY Slip Op. 30850(U), holding that claims based on an alleged oral partnership agreement were barred by a no written modifications clause in an employment agreement . . . Continue reading Claims Based on Alleged Oral Partnership Agreement Barred by No Written Modifications Clause of Employment Agreement

Oral Commission Agreement Barred by Statute of Frauds, Not Saved by Alleged Part Performance
Commercial Case Notes / Contracts

Oral Commission Agreement Barred by Statute of Frauds, Not Saved by Alleged Part Performance

On March 7, 2024, Justice Borrok of the New York County Commercial Division issued a decision in UNO A Brokerage Inc v. Inshur, Inc., 2024 NY Slip Op. 30733(U), holding that an alleged oral commission agreement was barred by the statue of frauds and not saved by alleged part performance . . . Continue reading Oral Commission Agreement Barred by Statute of Frauds, Not Saved by Alleged Part Performance

Plaintiff Not Entitled to Consequential Damages Because Such Damages Were not Contemplated by the Parties When the Contract was Made
Commercial Case Notes / Contracts / Damages

Plaintiff Not Entitled to Consequential Damages Because Such Damages Were not Contemplated by the Parties When the Contract was Made

On March 7, 2024, the First Department issued a decision in Citigroup Global Mkts. Inc. v. SCIP Capital Mgt., LLC, 2024 NY Slip Op. 01249, holding that the plaintiff was not entitled to consequential damages because such damages were not contemplated by the parties when the contract was made . . . Continue reading Plaintiff Not Entitled to Consequential Damages Because Such Damages Were not Contemplated by the Parties When the Contract was Made