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
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
