On May 6, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Han v. Chen, 2022 NY Slip Op. 31501(U), dismissing on summary judgment a claim for breach of a contract for the sale of cemetery plots under the Statute of Frauds . . . Continue reading Breach of Contract Claim Relating to the Sale of Cemetery Plots Fails Under Statute of Frauds
On May 26, 2022, the First Department issued a decision in Capstone Business Funding, LLC v. Shames Constr. Co., Ltd., 2022 NY Slip Op. 03439, holding that estoppel letters were unenforceable because of a lack of consideration . . . Continue reading Estoppel Letters Unenforceable Due to Lack of Consideration
On May 24, 2022, the Court of Appeals issued a decision in Batavia Townhouses, Ltd. v. Council of Churches Hous. Dev. Fund Co., Inc., 2022 NY Slip Op 03361, holding that GOL 17-105, not GOL 17-101, governs whether the statute of limitations has been tolled or revived in an action to foreclose a mortgage . . . Continue reading GOL 17-105, Not GOL 17-101, Applies to the Question of When an Obligation Under a Mortgage is Revived
On April 20, 2022, Justice Cohen of the New York County Commercial Division issued a decision in L & M Fabrication & Mach., Inc. v. Lane Constr. Corp., 2022 NY Slip Op 31305(U), allowing a party to add a quantum meruit claim based on changes to a construction contract being so fundamental that they constituted an intentional abandonment of the original contract . . . Continue reading Court Upholds Quantum Meruit Claim Based on Changes to Construction Contract so Fundamental That the Original Contract Was Abandoned
On May 3, 2022, the First Department issued a decision in 644 E. 14th Realty LLC v. Mount Sinai Health Sys., Inc., 2022 NY Slip Op. 02938, holding that a fraud claim cannot be based on a misrepresentation of an intention to enter into or perform an agreement . . . Continue reading Fraud Claim Cannot Be Based on Misrepresentation of Intention to Enter Into or Perform an Agreement
On March 29, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Board of Mgrs. of the St. Tropez Condominium v. JMA Consultants, Inc., 2022 NY Slip Op. 31045(U), upholding a third-party beneficiary contract claim . . . Continue reading Third-Party Beneficiary Claims Upheld
On April 20, 2022, the Second Department issued a decision in Klein v. Signature Bank, Inc., 2022 NY Slip Op. 02536, holding that a merger clause defeated an argument based on the parties’ course of conduct . . . Continue reading Merger Clause Defeats Argument Based on Parties’ Course of Dealing
On March 10, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Lengyel- Fushimi v Bellis, 2022 NY Slip Op 30809(U), dismissing a breach of fiduciary duty claim as duplicative of a breach of contract claim . . . Continue reading Breach of Fiduciary Duty Claim Dismissed as Duplicative of Breach of Contract Claim
On March 15, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Vashovsky v. Zablocki, 2022 NY Slip Op 30861(U), allowing the addition of a claim for reformation based on allegations of the insured’s inexperience . . . Continue reading Claim for Reformation of a Contract Survives Dismissal Based on Allegations of Insured’s Inexperience
On February 24, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Jesan Constr. Group LLC v. Medford Ber LLC, 2022 NY Slip Op. 30807(U), holding that the conclusory assertion that the signature on a contract was forges was insufficient to raise a question of fact regarding the signature’s authenticity . . . Continue reading Conclusory Assertion That Signature on Contract was Forged Insufficient to Raise Question of Fact Regarding Signature’s Authenticity
