On April 9, 2026, the First Department issued a decision in Kassirer v. Gotlib, 2026 NY Slip Op. 02154, holding that allegations of an oral agreement were insufficient because they failed to describe the material terms of the agreement . . . Continue reading Allegations of Oral Agreement Fail for Insufficient Allegations of Material Terms
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
On April 2, 2026, the First Department issued a decision in Hudson ES LLC v. First Franklin Fin. Corp., 2026 NY Slip Op. 02041, holding that a defendant that is not a party to a PSA still can invoke the PSA’s no-action clause . . . Continue reading Non-Party to PSA May Still Invoke the PSA’s No-Action Clause
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
On March 24, 2026, Justice Masley of the New York County Commercial Division issued a decision in CRI Holdings Inc. v. Est4te Four Capital LLC, 2026 NY Slip Op. 31197(U), holding that a contract need not be in writing to be binding . . . Continue reading Contract Need Not Be in Writing
On March 20, 2026, Justice Cohen of the New York County Commercial Division issued a decision in EHL Funding LLC v. McFarland, 2026 NY Slip Op. 31128(U), holding that a contract can be enforced even if the original is not available . . . Continue reading Contract Can be Enforced Even if the Original is Not Available
On March 17, 2026, Justice Cohen of the New York County Commercial Division issued a decision in CPPIB Credit Invs. II Inc. v. Deutsche Bank Trust Co. Ams., 2026 NY Slip Op. 31052(U), holding that a no-action clause did not bar a claim based on the denial of a plaintiff’s rights specifically listed in the indenture . . . Continue reading No-Action Clause Did Not Bar Claim Based on Denial of Plaintiff’s Rights Listed in the Indenture
On February 23, 2026, Justice Weinmann of the Erie County Commercial Division issued a decision in Ilend Advance LLC v. Her Mktg. Concepts, Inc., 2026 NY Slip Op. 50382(U), holding that even though a merchant cash advance agreement’s reconciliation provision may favor the lender, that did not make the agreement an usurious loan . . . Continue reading That Merchant Cash Advance Agreement’s Reconciliation Provision Favor’s Plaintiff Does Not Make the Agreement an Usurious Loan
On February 25, 2026, the Second Department issued a decision in Catalogne v. Class Action Recovery, LLC, 2026 NY Slip Op. 01029, holding that the statute of frauds barred a claim for breach of an oral agreement to assist in the negotiation of a business opportunity . . . Continue reading Statute of Frauds Barred Claim for Breach of Oral Agreement to Negotiate Business Opportunity
On February 9, 2026, Justice Crane of the New York County Commercial Division issued a decision in Yonder Media Mobile Inc. v. FuboTV, Inc., 2026 NY Slip Op. 30466(U), holding that a promissory estoppel claim cannot overcome the fact that a term sheet unambiguously stated that it was not a binding agreement . . . Continue reading Promissory Estoppel Claim Cannot Overcome Fact That Term Sheet Unambiguously Stated That it Was Not a Binding Agreement
