On March 10, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joglo Realties, Inc. v. Tortorella, 2022 NY Slip Op. 30823(U), holding that questions of fact precluded dismissal of an unconscionability defense to a breach of contract claim . . . Continue reading Questions of Fact Preclude Dismissal of Unconscionability Defense to Contract Claim
On March 11, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Salesmark Ventures, LLC v. Singh, 2022 NY Slip Op. 30836(U), rejecting veil-piercing claims . . . Continue reading Court Rejects Veil-Piercing Claims
On April 21, 2022, Justice Reed of the New York County Commercial Division issued a decision in Anexia, Inc. v. Horizon Data Solutions Ctr., LLC, 2022 NY Slip Op. 50320(U), upholding a stand-alone claim for breach of the covenant of good faith and fair dealing . . . Continue reading Court Upholds Stand-Alone Claim for Breach of Covenant of Good Faith and Fair Dealing
On April 8, 2022, Justice Gomez of the Bronx County Commercial Division issued a decision in Worbes Corp. v. Sebrow, 2022 NY Slip Op. 50252(U), holding that the Dead Man’s Statute did not bar testimony about an alleged contract . . . Continue reading Dead Man’s Statute Does Not Bar Testimony About Alleged Contract
On April 14, 2022, the First Department issued a decision in Jeremias v. Toms Capital LLC, 2022 NY Slip Op. 02495, reinstating a claim for breach of the covenant of good faith and fair dealing because of a question of fact regarding the terms to which the parties agreed . . . Continue reading Covenant of Good Faith Claim Reinstated Because of Question Over Contract’s Terms
On April 7, 2022, the First Department issued a decision in International Business Machs. Corp. v. GlobalFoundries U.S. Inc., 2022 NY Slip Op. 02341, holding that fraudulent inducement and breach of contract claims were not duplicative . . . Continue reading Fraudulent Inducement and Breach of Contract Claims Not Duplicative
On March 22, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in JP Pizza Eastport LLC v Luigi’s Main St. Pizza Inc., 2022 NY Slip Op. 22088, holding that a party making a best knowledge warranty was not required to investigate the facts relating to the warranty . . . Continue reading Party Making Best Knowledge Warranty Not Required to Conduct Due Diligence
On March 15, 2022, the First Department issued a decision in Picken v. RN Realty LLC, 2022 NY Slip Op. 01749, holding that a seller may owe a commission to a broker if seller interfered with transaction when it was plainly and evidently approaching success . . . Continue reading Seller May Owe Commission to Broker if Seller Interfered with Transaction to Avoid Paying a Commission
On March 15, 2022, the First Department issued a decision in Future Star Hospitality Advisors, LLC v. LaFrieda Veal & Lamb Co., Inc., 2022 NY Slip Op. 01735, holding that a plaintiff cannot use quasi-contract claims to avoid the effect of the statute of frauds . . . Continue reading Plaintiff Cannot Use Quasi Contract Claims to Avoid Effect of Statute of Frauds
On March 9, 2022, the Second Department issued a decision in Rad & D’Aprile, Inc. v. Arnell Constr. Corp., 2022 NY Slip Op. 01472, holding that the failure timely to bring claims under a liquidating agreement is a breach of the duty of good faith and fair dealing . . . Continue reading Failure Timely to Bring Claims Under a Liquidating Agreement is a Breach of Duty of Good Faith and Fair Dealing
