On January 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in Power A.C. Corp. v. Batirest 229 LLC, 2024 NY Slip Op. 30188(U), holding that contribution is unavailable on a contract claim . . . Continue reading Contribution Unavailable on Contract Claim
On January 2, 2024, Justice Reed of the New York County Commercial Division issued a decision in Fritala LLC v. Continental Gen. Ins. Co., 2024 NY Slip Op. 30052(U), rejecting a duress claim based on a threat to enforce a contractual remedy . . . Continue reading Duress Claim Cannot Be Based on Threat to Enforce Contractual Remedy
On December 29, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Kruchten v. Eastman Kodak Co., 2023 NY Slip Op. 34556(U), holding a stock plan administrator liable for negligence in administering the plan . . . Continue reading Stock Plan Administrator Liable for Negligence in Administering Plan
On December 22, 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. 34524(U), holding that a party’s exercise of discretion explicitly granted to it can still breach the covenant of good faith and fair dealing . . . Continue reading Party’s Exercise of Discretion Explicitly Granted to it Can Still Breach the Covenant of Good Faith and Fair Dealing
On November 21, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Bissell St. I, LLC v. Westbrook Partners LLC, 2023 NY Slip Op. 34293(U), holding that the statute of frauds does not over an oral agreement to assess a potential business opportunity . . . Continue reading Statute of Frauds Does Not Cover Alleged Oral Agreement to Assess a Potential Business Opportunity
On December 14, 2023, the First Department issued a decision in Botbol v. Frosch Intl. Travel Inc., 2023 NY Slip Op. 06433, holding that a claim for breach of the covenant of good faith and fair dealing based on the bad faith exercise of a contract right was not duplicative of a breach of contract claim . . . Continue reading Claim for Breach of Covenant of God Faith and Fair Dealing Not Duplicative of Contract Claim
On December 5, 2023, the First Department issued a decision in Hemingway Group LLC v. i80 Group LLC, 2023 NY Slip Op. 06229, upholding an implied covenant claim based on the bad faith exercise of discretion . . . Continue reading Implied Covenant Claim Based on Bad Faith Exercise of Discretion Upheld
On November 16, 2023, Justice Crane of the New York County Commercial Division issued a decision in Medea Inc. v. Honeywell Safety Prods., USA, Inc., 2023 NY Slip Op. 34091(U), holding that a contract provision limiting damages was unenforceable because it failed in its essential purpose . . . Continue reading Contract Provision Limiting Damages Unenforceable When
On October 26, 2023, Justice Doyle of the Seventh Judicial District Commercial Division issued a decision in AJ Equity Group LLC v. Office Connection, Inc., 2023 NY Slip Op. 51157(U), holding that defendant’s mere denial that she e-signed an agreement is an insufficient basis to dismiss claims related to the agreement . . . Continue reading Mere Denial of E-Signing an Agreement Insufficient Basis to Obtain Dismissal on Summary Judgment
On October 31, 2023, the First Department issued a decision in Cicardo Natl., Inc. v. Loeb, 2023 NY Slip Op. 05465, upholding the dismissal of a claim based on an oral contract when there was no corroborating documentary evidence of that contract . . . Continue reading Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence
