On October 12, 2023, Justice Chan of the New York County Commercial Division issued a decision in Lion Point Capital, LP v. Burgerfi Intl., Inc., 2023 NY Slip Op. 33740(U), holding that a contract claim survives even if there are no damages . . . Continue reading Contract Claim Survives Even if There are no Damages
On October 24, 2023, Justice Ostrager of the New York County Commercial Division issued a decision in Myzak v. Rosania, 2023 NY Slip Op. 33780(U), holding that an exchange of e-mails created a binding contract . . . Continue reading Exchange of E-Mails Created Binding Contract
On October 5, 2023, Justice Crane of the New York County Commercial Division issued a decision in Brabury v. Israel, 2023 NY Slip Op. 33551(U), holding that joint venture allegations survived a motion to dismiss despite questions regarding the terms of the joint venture agreement . . . Continue reading Joint Venture Allegations Survive Motion to Dismiss Despite Questions Regarding Terms Governing the Joint Venture
On October 5, 2023, Justice Crane of the New York County Commercial Division issued a decision in TH Holdco LLC v. Rubin, 2023 NY Slip Op. 33517(U), holding that a waiver in a loan guaranty waived a defense that the guaranty was unenforceable as against public policy . . . Continue reading Waiver in Guaranty Included Waiver of Defense That Guaranty Was Unenforceable as Against Public Policy
On October 5, 2023, Justice Cohen of the New York County Commercial Division issued a decision in ACP Hous. Assoc., L.P. v. ABJ Milano, LLC, 2023 NY Slip Op. 33469(U), holding that a claim for mutual mistake failed because, among reasons, of the delay in raising the issue . . . Continue reading Claim Based on Mutual Mistake Fails Because, Among Other Reasons, of Delay in Raising Dispute
On October 5, 2023, the First Department issued a decision in 111 W. 57th Inv. LLC v/ 111 W57 Mezz Inv. LLC, 2023 NY Slip Op. 05029, holding that a defendant that had the sole discretion to take an action could not be held liable for breaching the covenant of good faith and fair dealing for doing so . . . Continue reading No Claim for Breach of Covenant of Good Faith Lies Where Defendant Had Full Discretion to Act
On September 26, 2023, the First Department issued a decision in AOG, LLC v. Kind Operations Inc., 2023 NY Slip Op. 04710, holding that a recoupment defense should have been dismissed for lack of a contractual duty to make the payments to be recouped . . . Continue reading Recoupment Defense Fails for Lack of Contractual Duty to Make Payments to be Recouped
On September 14, 2023, Justice Schecter of the New York County Commercial Division issued a decision in Han v. Kwak, 2023 NY Slip Op. 33207(U), holding that rescission and rescissory damages are unavailable against a defendant who is not a party to the transaction that he fraudulently induced.” Continue reading Rescission and Rescissory Damages Unavailable When Defendant is Not Contractual Counterparty
On August 23, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Desanges v. All Taxi, Inc., 2023 NY Slip Op. 33123(U), dismissing a breach of contract claim for failure to identify which terms of the contract had been breached . . . Continue reading Breach of Contract Claim Dismissed for Failure to Identify Which Provision of the Contract Was Breached
On August 25, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Manda Intl. Corp. v. Red Hook 160 LLC, 2023 NY Slip Op. 33126(U), holding that an assignee does not automatically assume the obligations of the assignor . . . Continue reading Assignee Does Not Automatically Assume Obligations of Assignor
