On September 22, 2021, the Second Department issued a decision in Woodmere Rehabilitation v. Zafrin, 2021 NY Slip Op. 05039, holding that a conversion claim cannot be based on a breach of contract . . . Continue reading Conversion Claim Cannot be Based on a Breach of Contract
On October 5, 2021, the First Department issued a decision in Silver Point Capital Fund, L.P. v. Riviera Resources, Inc., 2021 NY Slip Op. 05312, holding that a fraudulent inducement claim fails when the agreement on which it is based makes no misrepresentations and makes clear that not all material information is being disclosed . . . Continue reading Fraudulent Inducement Claim Fails When Agreement Makes No False Representations and Makes Clear That Not All Material Information is Being Disclosed
On September 30, 2021, the First Department issued a decision in Empery Asset Master, Ltd. v. AIT Therapeutics, Inc., 2021 NY Slip Op. 05163, holding that questions of fact regarding an alleged mutual mistake precluded summary judgment . . . Continue reading Questions of Fact Regarding an Alleged Mutual Mistake Preclude Summary Judgment
On September 28, 2021, the First Department issued a decision in Slabakis v. Poyiadjis, 2021 NY Slip Op. 05110, holding that the scope of a boilerplate general release raised issues of fact precluding dismissal based on the release . . . Continue reading Scope of Boilerplate General Release Fact Question Precluding Dismissal
On October 7, 2021, the First Department issued a decision in Vendome v. Oldenburg, 2021 NY Slip Op. 05409, holding that the statute of frauds barred a contract claim relating to the sale of real property . . . Continue reading Statute of Frauds Bars Contract Claim Relating to Real Property Sale
On September 1, 2021, the Second Department issued a decision in 298 Humboldt, LLC v. Torres, 2021 NY Slip Op. 04899, holding that a plaintiff could not assert a negligence claim based on a contract . . . Continue reading Negligence Claim Cannot be Based on a Contract
On August 26, 2021, the Fourth Department issued a decision in Thompson v. Peters, 2021 NY Slip Op. 04832, holding that a bank had an implied contractual obligation to return improperly-transferred funds to a depositor . . . Continue reading Bank Has Implied Contractual Obligation to Return Improperly Transferred Funds to Depositor
On August 26, 2021, the First Department issued a decision in FGP 1, LLC v. Dubrovsky, 2021 NY Slip Op. 04789, holding that a non-party to a contract lacked standing to challenge its validity . . . Continue reading Non-Party Lacked Standing to Challenge Contract’s Validity
On August 16, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Audax Credit Opportunities Offshore Ltd. v. TMK Hawk Parent, Corp., 2021 NY Slip Op. 50794(U), refusing to enforce a no action clause . . . Continue reading Court Refuses to Enforce No Action Clause
On July 26, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Schorsch v. Luxor Capital Partners, LP, 2021 NY Slip Op. 50698(U), holding that bringing suit on a claim that was settled was a breach of the settlement agreement . . . Continue reading Suing on Released Claim is Breach of Settlement Agreement
