On September 11, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Tareb v. 65th St., LLC, 2024 NY Slip Op. 33214(U), holding that a merger clause barred a claim based on an alleged oral agreement . . . Continue reading Merger Clause Bars Claim Based on Alleged Oral Agreement
On September 18, 2024, the Second Department issued a decision in Schwartz v. Fallah, 2024 NY Slip Op. 04474, holding that the Statute of Frauds barred a claim based on an alleged guaranty when the guaranty was not signed by the defendant . . . Continue reading Statute of Frauds Bars Claim Based on Alleged Guaranty When the Guaranty Was Not Signed by the Defendant
On September 3, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Putney Inv. Group Ltd. V. New Hampshire Ins. Co., 2024 NY Slip Op 33083(U), holding that a corporation cannot avoid being bound by a contract because it did not use its full, proper corporate name . . . Continue reading Corporation Cannot Avoid Being Bound by Contract Because it Lacked its Full, Proper Corporate Name
On August 28, 2024, Justice Chan of the New York County Commercial Division issued a decision in Imperium Blue Acquisition Partners, LLC v. Marathon Asset Mgt., L.P., 2024 NY Slip Op. 33042(U), holding that a claim based on the implied covenant of good faith and fair dealing failed for lack of an enforceable contract . . . Continue reading Good Faith and Fair Dealing Claim Fails for Lack of Enforceable Contract
On August 30, 2024, Justice Reed of the New York County Commercial Division issued a decision in Seitz v. Marcum LLP, 2024 NY Slip Op. 51141(U), dismissing a claim under the in pari delicto doctrine . . . Continue reading Claim Dismissed Under In Pari Delicto Doctrine
On September 5, 2024, the First Department issued a decision in Ria R Squared, Inc. v. DW Partners, LP, 2024 NY Slip Op. 04363, upholding a claim for the breach of the covenant of good faith and fair dealing based on an SPV’s failure to remain sufficiently capitalized to repay a loan . . . Continue reading Court Upholds Implied Covenant Claim Based on SPV’s Failure to Remain Sufficiently Capitalized to Pay Loan
On August 14, 2024, the Second Department issued a decision in Hopwood v. Infinity Contr. Servs. Corp., 2024 NY Slip Op. 04197, holding that a series of e-mails was insufficient to save a contract claim from dismissal under the statute of frauds . . . Continue reading Series of E-mails Insufficient to Save Contract Claim from Dismissal Under the Statute of Frauds
On August 15, 2024, the First Department issued a decision in DirecTV, LLC v. Nexstar Broadcasting, Inc., 2024 NY Slip Op. 04225, examining the narrow limits of an implied covenant claim . . . Continue reading First Department Examines Narrow Limits of Implied Covenant Claim
On August 7, 2024, the Second Department issued a decision in South Shore Estates, Inc. v. Guy Friedman Realty Corp., 2024 NY Slip Op. 04156, holding that a written contract for the sale of real estate nonetheless failed to satisfy the statute of frauds because it lacked material non-price terms . . . Continue reading Written Contract for Sale or Real Estate Fails to Satisfy Statute of Frauds Because it Lacked Material Non-Price Terms
On July 29, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Brighthill Capital, LLC v. Abrams, 2024 NY Slip Op. 32639(U), dismissing a claim for breach of the covenant of good faith and fair dealing as duplicative of a breach of contract claim . . . Continue reading Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed As Duplicative of Breach of Contract Claim
