On February 28, 2024, the Second Department issued a decision in Contract Pharmacal Corp. v. Air Indus. Group, 2024 NY Slip Op. 00995, holding that a plaintiff cannot sue for both contract damages and anticipatory breach . . . Continue reading Plaintiff Cannot Sue for Both Contract Damages and Anticipatory Breach
On February 28, 2024, the Second Department issued a decision in Keller-Wala v. Coello, 2024 NY Slip Op. 01004, holding that an agreement was not a binding contract because of a lack of consideration . . . Continue reading Agreement Not a Binding Contact Because of Lack of Consideration
On February 22, 2024, the First Department issued a decision in EPAC Tech., Inc. v. John Wiley & Sons, Inc., 2024 NY Slip Op. 00933, holding that a plaintiff’s breach of contract failed because the plaintiff had repudiated the contract . . . Continue reading Plaintiff’s Contract Claim Fails Because it Repudiated the Contract
On January 30, 2024, the First Department issued a decision in Estate of Tawil v. Sutton, 2024 NY Slip Op. 00397, holding that an illegality defense could not be used to obtain a windfall gain . . . Continue reading Illegality Defense Could Not Be Used to Obtain a Windfall Gain
On January 24, 2024, Justice Reed of the New York County Commercial Division issued a decision in Memorial Sloan Kettering Cancer Ctr. v. Bristol Myers Squibb Co., 2024 NY Slip Op. 50074(U), dismissing a claim based on a corporate parent’s liability for a subsidiary’s contractual allegations . . . Continue reading Court Rejects Claims Based on Corporate Parent Liability for Subsidiary’s Contractual Obligations
On January 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in Power A.C. Corp. v. Batirest 229 LLC, 2024 NY Slip Op. 30188(U), holding that contribution is unavailable on a contract claim . . . Continue reading Contribution Unavailable on Contract Claim
On January 2, 2024, Justice Reed of the New York County Commercial Division issued a decision in Fritala LLC v. Continental Gen. Ins. Co., 2024 NY Slip Op. 30052(U), rejecting a duress claim based on a threat to enforce a contractual remedy . . . Continue reading Duress Claim Cannot Be Based on Threat to Enforce Contractual Remedy
On December 29, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Kruchten v. Eastman Kodak Co., 2023 NY Slip Op. 34556(U), holding a stock plan administrator liable for negligence in administering the plan . . . Continue reading Stock Plan Administrator Liable for Negligence in Administering Plan
On December 22, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Antara Capital Master Fund LP v. Bombardier Inc., 2023 NY Slip Op. 34524(U), holding that a party’s exercise of discretion explicitly granted to it can still breach the covenant of good faith and fair dealing . . . Continue reading Party’s Exercise of Discretion Explicitly Granted to it Can Still Breach the Covenant of Good Faith and Fair Dealing
On November 21, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Bissell St. I, LLC v. Westbrook Partners LLC, 2023 NY Slip Op. 34293(U), holding that the statute of frauds does not over an oral agreement to assess a potential business opportunity . . . Continue reading Statute of Frauds Does Not Cover Alleged Oral Agreement to Assess a Potential Business Opportunity
