Category: Contracts

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

On June 15, 2023, the First Department issued a decision in Parkmerced Invs., LLC v. WeWork Cos. LLC, 2023 NY Slip Op. 03290, holding that a breach of contract claim cannot be based on a term sheet that by its terms is non-binding . . . Continue reading Contract Claim Cannot Be Based on Term Sheet That By its Terms is Non-Binding

On June 13, 2023, the First Department issued a decision in RCM Tech. Inc. v. Maric Mech., Inc., 2023 NY Slip Op. 03210, holding that a “whereas” clause did not create contractual rights . . . Continue reading Whereas Clause Does Not Create Contractual Rights

On June 9, 2023, the Fourth Department issued a decision in Fields Enters. Inc. v. Bristol Harbour Vil. Assn., Inc., 2023 NY Slip Op. 03165, holding that a third-party beneficiary claim failed for lack of a showing of intent to benefit . . . Continue reading Third-Party Beneficiary Claim Fails for Lack of Showing of Intent to Benefit

On May 25, 2023, the First Department issued a decision in Mulacek v. ExxonMobil Corp., 2023 NY Slip Op. 02829, holding that a challenge to a merger was barred by a no-action clause . . . Continue reading Challenge to Merger Barred by No Action Clause