On January 31, 2025, the Fourth Department issued a decision in Lei Linwang v. Sheridan Amherst, LLC, 2025 NY Slip Op. 00595, holding that a court cannot rely solely on the contra proferentem doctrine in interpreting a contract . . . Continue reading Court Cannot Rely Solely Contra Proferentem Doctrine in Interpreting Contract
On January 15, 2025, the Second Department issued a decision in Meserole Hub, LLC v. Rosenzweig, 2025 NY Slip Op. 00213, holding that a negligence claim against an engineer should be dismissed as duplicative of a breach of contract claim seeking the same damages . . . Continue reading Negligence Claim Against Engineer Dismissed as Duplicative of Contract Claim
On January 21, 2025, the First Department issued a decision in TH Holdco LLC v. Rubin, 2025 NY Slip Op. 00300, holding that a guarantor’s “liability under [a] guaranty is not reduced or extinguished by the bankruptcy proceeding initiated by the borrower.” Continue reading Borrower’s Bankruptcy Did Not Affect Guarantor’s Obligations
On February 6, 2025, the First Department issued a decision in Gurney-Goldman v. Sol Goldman Invs. LLC, 2025 NY Slip Op. 00722, holding that a limited liability company could not be held liable for the breach of its operating agreement . . . Continue reading LLC Not Liable for Breach of Its Operating Agreement
On December 30, 2024, Justice Platkin of the Albany County Commercial Division issued a decision in Darwish Auto Group, LLC v. TD Bank, N.A., 2024 NY Slip Op. 51779(U), holding Continue reading Failure to Read Contract No Defense to its Validity
On December 19, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Lingang Li v. Howe, 2024 NY Slip Op. 34490(U), holding that a claim based Continue reading Claim Based on Oral Agreement to Sell Shares of Business That Only Owned Real Property Barred by the Statute of Frauds
On December 19, 2024, the First Department issued a decision in Cantor Fitzgerald & Co. v. ObvioHealth Pte Ltd., 2024 NY Slip Op. 06421, holding that an agreement was not sufficiently specific to create an exclusive right to sell . . . Continue reading Agreement Was Not Sufficiently Specific to Create an Exclusive Right to Sell
On December 19, 2024, the First Department issued a decision in International Business Machs. Corp. v. GlobalFoundries U.S. Inc., 2024 NY Slip Op. 06425, holding that a fraudulent inducement claim seeking contract-based damages does not defeat a contract’s jury waiver . . . Continue reading Fraudulent Inducement Claim Seeking Contract-Based Damages Does Not Defeat Contract’s Jury Waiver
On December 4, 2024, the Second Department issued a decision in Fink v. 218 Hamilton, LLC, 2024 NY Slip Op. 06026, holding that whether a closing date set in a “time is of the essence” letter was reasonable was a question of fact . . . Continue reading Whether Closing Date Set in “Time is of the Essence” Letter Reasonable is a Question of Fact
On November 25, 2024, the Court of Appeals issued a decision in Knight v. New York & Presbyt. Hosp., 2024 NY Slip Op. 05870, holding that the authenticity of a contract may be established by circumstantial evidence . . . Continue reading Authenticity of Contract May be Established by Circumstantial Evidence
