Conclusory Assertion That Signature on Contract was Forged Insufficient to Raise Question of Fact Regarding Signature’s Authenticity
Commercial Case Notes / Contracts

Conclusory Assertion That Signature on Contract was Forged Insufficient to Raise Question of Fact Regarding Signature’s Authenticity

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

Questions of Fact Preclude Dismissal of Unconscionability Defense to Contract Claim
Commercial Case Notes / Contracts

Questions of Fact Preclude Dismissal of Unconscionability Defense to Contract Claim

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

Party Making Best Knowledge Warranty Not Required to Conduct Due Diligence
Commercial Case Notes / Contracts

Party Making Best Knowledge Warranty Not Required to Conduct Due Diligence

On March 22, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in JP Pizza Eastport LLC v Luigi’s Main St. Pizza Inc., 2022 NY Slip Op. 22088, holding that a party making a best knowledge warranty was not required to investigate the facts relating to the warranty . . . Continue reading Party Making Best Knowledge Warranty Not Required to Conduct Due Diligence

Seller May Owe Commission to Broker if Seller Interfered with Transaction to Avoid Paying a Commission
Commercial Case Notes / Contracts / Real Property

Seller May Owe Commission to Broker if Seller Interfered with Transaction to Avoid Paying a Commission

On March 15, 2022, the First Department issued a decision in Picken v. RN Realty LLC, 2022 NY Slip Op. 01749, holding that a seller may owe a commission to a broker if seller interfered with transaction when it was plainly and evidently approaching success . . . Continue reading Seller May Owe Commission to Broker if Seller Interfered with Transaction to Avoid Paying a Commission