Question of Fact Regarding Whether Work Was Covered by Contract Precluded Dismissal of Unjust Enrichment Claim
Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

Question of Fact Regarding Whether Work Was Covered by Contract Precluded Dismissal of Unjust Enrichment Claim

On July 28, 2023, the Fourth Department issued a decision in Milherst Constr., Inc. v. Natale Bldg. Corp., 2023 NY Slip Op. 04051, holding that a question of fact regarding whether extra work was covered by a contract precluded dismissal of an unjust enrichment claim . . . Continue reading Question of Fact Regarding Whether Work Was Covered by Contract Precluded Dismissal of Unjust Enrichment Claim

Plaintiff Not Entitled to Summary Judgment on Contract Claim When There Was a Question of Fact Regarding Damages
Commercial Case Notes / Contracts

Plaintiff Not Entitled to Summary Judgment on Contract Claim When There Was a Question of Fact Regarding Damages

On July 19, 2023, the Second Department issued a decision in FPG CH 94 Amity, LLC v. Pizzarotti, LLC, 2023 NY Slip Op. 03852, holding that a plaintiff was not entitled to summary judgment on a breach of contract claim because there were questions of fact regarding damages . . . Continue reading Plaintiff Not Entitled to Summary Judgment on Contract Claim When There Was a Question of Fact Regarding Damages

Fraudulent Inducement Claim Based on Statements of Present Fact Not Duplicative of Contract Claim
Commercial Case Notes / Contracts / Fraud/Misrepresentation

Fraudulent Inducement Claim Based on Statements of Present Fact Not Duplicative of Contract Claim

On June 29, 2023, Justice Chan of the New York County Commercial Division issued a decision in Emigrant Bus. Credit Corp. v. Hanratty, 2023 NY Slip Op. 32156(U), holding that a fraudulent inducement claim based on statements of present fact was not duplicative of a breach of contract claim . . . Continue reading Fraudulent Inducement Claim Based on Statements of Present Fact Not Duplicative of Contract Claim

Claim for Breach of the Duty of Good Faith and Fair Dealing Can Exist Even When a Contract Term Has Not Been Breached
Commercial Case Notes / Contracts

Claim for Breach of the Duty of Good Faith and Fair Dealing Can Exist Even When a Contract Term Has Not Been Breached

On June 15, 2023, the First Department issued a decision in Barnett v. Berkowitz, 2023 NY Slip Op. 03286, holding that a claim for breach of the duty of good faith and fair dealing can exist when the defendant has not breached a term of a contract . . . Continue reading Claim for Breach of the Duty of Good Faith and Fair Dealing Can Exist Even When a Contract Term Has Not Been Breached