Release of Claims Against a Party’s Counsel did not Release Claims Against that Counsel Relating to its Representation of Others
Commercial Case Notes / Contracts

Release of Claims Against a Party’s Counsel did not Release Claims Against that Counsel Relating to its Representation of Others

On December 7, 2021, the First Department issued a decision in Stolper v. Burbacki, 2021 NY Slip Op. 06822, holding that a release that released claims against a party’s counsel did not release claims against that counsel relating to its representation of others . . . Continue reading Release of Claims Against a Party’s Counsel did not Release Claims Against that Counsel Relating to its Representation of Others

Anticipatory Repudiation Claim Survives Dismissal Because of Factual Issues
Commercial Case Notes / Contracts / Real Property

Anticipatory Repudiation Claim Survives Dismissal Because of Factual Issues

On November 29, 2021, Justice Cohen of the New York County Commercial Division issued a decision in 1855 Broadway LLC v. New York Inst. of Tech., 2021 NY Slip Op. 32501(U), refusing to dismiss a claim for anticipatory repudiation of a real estate sales contract based on factual questions . . . Continue reading Anticipatory Repudiation Claim Survives Dismissal Because of Factual Issues

Plaintiff who Brings a Claim for Breach of Contract Cannot Simultaneously Pursue a Claim for Anticipatory Breach
Commercial Case Notes / Contracts

Plaintiff who Brings a Claim for Breach of Contract Cannot Simultaneously Pursue a Claim for Anticipatory Breach

On November 30, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in Contract Pharmacal Corp. v. Air Indus. Group, 2021 NY Slip Op. 51120(U), holding that a plaintiff who brings a claim for breach of contract cannot simultaneously pursue a claim for anticipatory breach . . . Continue reading Plaintiff who Brings a Claim for Breach of Contract Cannot Simultaneously Pursue a Claim for Anticipatory Breach

Insurer’s Alleged Bad Faith Claim Denial Cannot be Resolved on a Motion to Dismiss
Commercial Case Notes / Contracts

Insurer’s Alleged Bad Faith Claim Denial Cannot be Resolved on a Motion to Dismiss

On November 17, 2021, the Second Department issued a decision in East Ramapo Cent. Sch. Dist. v. New York Schs. Ins. Reciprocal, 2021 NY Slip Op. 06341, holding that an insurer’s alleged bad faith claim denial was a question of fact that could not be resolved on a motion to dismiss . . . Continue reading Insurer’s Alleged Bad Faith Claim Denial Cannot be Resolved on a Motion to Dismiss

Affiliates of Contracting Party Bound by Contract’s Terms, Including its Forum Selection Clause
Commercial Case Notes / Contracts / Personal Jurisdiction

Affiliates of Contracting Party Bound by Contract’s Terms, Including its Forum Selection Clause

On October 28, 2021, the First Department issued a decision in Oberon Sec., LLC v. Titanic Entertainment Holdings LLC, 2021 NY Slip Op. 05929, holding that the affiliates of a contracting party were bound by the contract’s terms, including its forum selection clause . . . . Continue reading Affiliates of Contracting Party Bound by Contract’s Terms, Including its Forum Selection Clause

Fraudulent Inducement Claim Fails When Agreement Makes No False Representations and Makes Clear That Not All Material Information is Being Disclosed
Commercial Case Notes / Contracts / Fraud/Misrepresentation

Fraudulent Inducement Claim Fails When Agreement Makes No False Representations and Makes Clear That Not All Material Information is Being Disclosed

On October 5, 2021, the First Department issued a decision in Silver Point Capital Fund, L.P. v. Riviera Resources, Inc., 2021 NY Slip Op. 05312, holding that a fraudulent inducement claim fails when the agreement on which it is based makes no misrepresentations and makes clear that not all material information is being disclosed . . . Continue reading Fraudulent Inducement Claim Fails When Agreement Makes No False Representations and Makes Clear That Not All Material Information is Being Disclosed