On May 3, 2022, the First Department issued a decision in 644 E. 14th Realty LLC v. Mount Sinai Health Sys., Inc., 2022 NY Slip Op. 02938, holding that a fraud claim cannot be based on a misrepresentation of an intention to enter into or perform an agreement . . . Continue reading Fraud Claim Cannot Be Based on Misrepresentation of Intention to Enter Into or Perform an Agreement
On March 29, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Board of Mgrs. of the St. Tropez Condominium v. JMA Consultants, Inc., 2022 NY Slip Op. 31045(U), upholding a third-party beneficiary contract claim . . . Continue reading Third-Party Beneficiary Claims Upheld
On April 20, 2022, the Second Department issued a decision in Klein v. Signature Bank, Inc., 2022 NY Slip Op. 02536, holding that a merger clause defeated an argument based on the parties’ course of conduct . . . Continue reading Merger Clause Defeats Argument Based on Parties’ Course of Dealing
On March 10, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Lengyel- Fushimi v Bellis, 2022 NY Slip Op 30809(U), dismissing a breach of fiduciary duty claim as duplicative of a breach of contract claim . . . Continue reading Breach of Fiduciary Duty Claim Dismissed as Duplicative of Breach of Contract Claim
On March 15, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Vashovsky v. Zablocki, 2022 NY Slip Op 30861(U), allowing the addition of a claim for reformation based on allegations of the insured’s inexperience . . . Continue reading Claim for Reformation of a Contract Survives Dismissal Based on Allegations of Insured’s Inexperience
On February 24, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Jesan Constr. Group LLC v. Medford Ber LLC, 2022 NY Slip Op. 30807(U), holding that the conclusory assertion that the signature on a contract was forges was insufficient to raise a question of fact regarding the signature’s authenticity . . . Continue reading Conclusory Assertion That Signature on Contract was Forged Insufficient to Raise Question of Fact Regarding Signature’s Authenticity
On March 10, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joglo Realties, Inc. v. Tortorella, 2022 NY Slip Op. 30823(U), holding that questions of fact precluded dismissal of an unconscionability defense to a breach of contract claim . . . Continue reading Questions of Fact Preclude Dismissal of Unconscionability Defense to Contract Claim
On March 11, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Salesmark Ventures, LLC v. Singh, 2022 NY Slip Op. 30836(U), rejecting veil-piercing claims . . . Continue reading Court Rejects Veil-Piercing Claims
On April 21, 2022, Justice Reed of the New York County Commercial Division issued a decision in Anexia, Inc. v. Horizon Data Solutions Ctr., LLC, 2022 NY Slip Op. 50320(U), upholding a stand-alone claim for breach of the covenant of good faith and fair dealing . . . Continue reading Court Upholds Stand-Alone Claim for Breach of Covenant of Good Faith and Fair Dealing
On April 8, 2022, Justice Gomez of the Bronx County Commercial Division issued a decision in Worbes Corp. v. Sebrow, 2022 NY Slip Op. 50252(U), holding that the Dead Man’s Statute did not bar testimony about an alleged contract . . . Continue reading Dead Man’s Statute Does Not Bar Testimony About Alleged Contract
