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
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
