On December 8, 2021, Justice Walker of the Eighth Judicial District Commercial Division issued a decision in Amherst II UE LLC v. Fitness Intl., LLC, 2021 NY Slip Op. 51289(U), holding that the COVID-19 pandemic did not render a lease valueless and so rejected a frustration of purpose defense . . . Continue reading Court Rejects Frustration of Purpose Defense Because Pandemic Did Render Lease Valueless
On January 7, 2022, Justice Reed of the New York County Commercial Division issued a decision in Ladder Capital Fin. LLC v. 1250 N. SD Mezz LLC, 2022 NY Slip Op. 50016(U), holding that a no oral modification clause barred a promissory estoppel claim . . . Continue reading No Oral Modification Clause Bars Promissory Estoppel Claim
On December 30, 2021, Justice Masley of the New York County Commercial Division issued a decision in Meshechok v. Corporate Solutions Group I, LLC, 2021 NY Slip Op. 32839(U), holding that the Delaware Entire Fairness standard does not apply to breach of contract pleading standards . . . Continue reading Delaware Entire Fairness Standard Inapplicable to Breach of Contract Pleading Standards
On December 30, 2021, Justice Schecter of the New York County Commercial Division issued a decision in My Size, Inc. v. North Empire LLC, 2021 NY Slip Op. 32829(U), holding that questions of fact precluded summary judgment on an affirmative defense of waiver . . . Continue reading Questions of Fact Preclude Summary Judgment on Waiver Defense
On December 16, 2021, the First Department issued a decision in Newmark Partners, L.P. v. Hunt, 2021 NY Slip Op. 07065, holding that a noncompetition agreement that was reasonably limited in time and scope was enforceable . . . Continue reading Non-Compete Agreement Limited in Time and Scope Found to be Enforceable
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
On November 23, 2021, Justice Reed of the New York County Commercial Division issued a decision in Estate of Collins v. Tabs Motors of Val. Stream Corp., 2021 NY Slip Op. 51127(U), rejecting an unconscionability defense . . . Continue reading Court Rejects Unconscionability Defense
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
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
On November 12, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Cohen v. Trump Org. LLC, 2021 NY Slip Op. 32281(U), holding that a “no oral modification” clause barred claims based on alleged oral agreements . . . Continue reading “No Oral Modifications” Clause Bars Claims Based on Alleged Oral Contracts
