On December 16, 2021, the First Department issued a decision in Newmark Partners, L.P. v. Hunt, 2021 NY Slip Op. 07065, holding that a noncompetition agreement that was reasonably limited in time and scope was enforceable . . . Continue reading Non-Compete Agreement Limited in Time and Scope Found to be Enforceable
On December 7, 2021, the First Department issued a decision in Stolper v. Burbacki, 2021 NY Slip Op. 06822, holding that a release that released claims against a party’s counsel did not release claims against that counsel relating to its representation of others . . . Continue reading Release of Claims Against a Party’s Counsel did not Release Claims Against that Counsel Relating to its Representation of Others
On November 23, 2021, Justice Reed of the New York County Commercial Division issued a decision in Estate of Collins v. Tabs Motors of Val. Stream Corp., 2021 NY Slip Op. 51127(U), rejecting an unconscionability defense . . . Continue reading Court Rejects Unconscionability Defense
On November 29, 2021, Justice Cohen of the New York County Commercial Division issued a decision in 1855 Broadway LLC v. New York Inst. of Tech., 2021 NY Slip Op. 32501(U), refusing to dismiss a claim for anticipatory repudiation of a real estate sales contract based on factual questions . . . Continue reading Anticipatory Repudiation Claim Survives Dismissal Because of Factual Issues
On November 30, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in Contract Pharmacal Corp. v. Air Indus. Group, 2021 NY Slip Op. 51120(U), holding that a plaintiff who brings a claim for breach of contract cannot simultaneously pursue a claim for anticipatory breach . . . Continue reading Plaintiff who Brings a Claim for Breach of Contract Cannot Simultaneously Pursue a Claim for Anticipatory Breach
On November 12, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Cohen v. Trump Org. LLC, 2021 NY Slip Op. 32281(U), holding that a “no oral modification” clause barred claims based on alleged oral agreements . . . Continue reading “No Oral Modifications” Clause Bars Claims Based on Alleged Oral Contracts
On November 17, 2021, the Second Department issued a decision in East Ramapo Cent. Sch. Dist. v. New York Schs. Ins. Reciprocal, 2021 NY Slip Op. 06341, holding that an insurer’s alleged bad faith claim denial was a question of fact that could not be resolved on a motion to dismiss . . . Continue reading Insurer’s Alleged Bad Faith Claim Denial Cannot be Resolved on a Motion to Dismiss
On October 28, 2021, the First Department issued a decision in Oberon Sec., LLC v. Titanic Entertainment Holdings LLC, 2021 NY Slip Op. 05929, holding that the affiliates of a contracting party were bound by the contract’s terms, including its forum selection clause . . . . Continue reading Affiliates of Contracting Party Bound by Contract’s Terms, Including its Forum Selection Clause
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
