Court Reforms Contract on Summary Judgment Based on Course of Performance and Avoidance of Absurd Results
Commercial Case Notes / Contracts

Court Reforms Contract on Summary Judgment Based on Course of Performance and Avoidance of Absurd Results

On April 23, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Big City Outdoor, LLC v. JTRE 23 WS LLC, 2026 NY Slip Op. 50579(U), reforming a contract on summary judgment based on the parties’ course of performance and the avoidance of absurd results . . . Continue reading Court Reforms Contract on Summary Judgment Based on Course of Performance and Avoidance of Absurd Results

Fraud Claim Not Duplicative of Contract Claim Because Alleged Misrepresentations Were Collateral to the Contract
Commercial Case Notes / Contracts / Fraud/Misrepresentation

Fraud Claim Not Duplicative of Contract Claim Because Alleged Misrepresentations Were Collateral to the Contract

On April 16, 2026, the First Department issued a decision in Metropolitan Partners Group Admin., LLC v. Nerney, 2026 NY Slip Op. 02340, holding that a fraud claim was not duplicative of a breach of contract claim because the alleged misrepresentations were collateral to the contract . . . Continue reading Fraud Claim Not Duplicative of Contract Claim Because Alleged Misrepresentations Were Collateral to the Contract

Despite Saying That it Was Binding, Term Sheet Was at Most An Agreement to Negotiate in Good Faith
Commercial Case Notes / Contracts

Despite Saying That it Was Binding, Term Sheet Was at Most An Agreement to Negotiate in Good Faith

On April 6, 2026, Justice Cohen of the New York County Commercial Division issued a decision in BNP Dev. LLC v. 9 DeKalb Fee Owner LLC, 2026 NY Slip Op. 31382(U), holding that even though a term sheet said it was binding, it was at most just an agreement to negotiate in good faith . . . Continue reading Despite Saying That it Was Binding, Term Sheet Was at Most An Agreement to Negotiate in Good Faith

Claim for Breach of NDA Fails For Lack of Specific Allegations Regarding What Confidential Information Was Misused
Commercial Case Notes / Contracts

Claim for Breach of NDA Fails For Lack of Specific Allegations Regarding What Confidential Information Was Misused

On April 7, 2026, the First Department issued a decision in KSFB Mgt., LLC v. Goldman Sachs & Co., LLC, 2026 NY Slip Op. 02064, holding that a claim for breach of an NDA failed for lack of specific allegations regarding what confidential information was misused . . . Continue reading Claim for Breach of NDA Fails For Lack of Specific Allegations Regarding What Confidential Information Was Misused

If Parties to An Agreement Select an Effective Date that Predates When the Contract Was Signed, The Earlier Date is Binding
Commercial Case Notes / Contracts

If Parties to An Agreement Select an Effective Date that Predates When the Contract Was Signed, The Earlier Date is Binding

On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Telco Insights, LLC v. Telco Experts, LLC, 2026 NY Slip Op. 31190(U), holding that if the parties to an agreement select an effective date that predates when the contract is signed, the earlier date is binding . . . Continue reading If Parties to An Agreement Select an Effective Date that Predates When the Contract Was Signed, The Earlier Date is Binding