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
On July 16, 2021, the Fourth Department issued a decision in Field v. Pet Haven, Inc., 2021 NY Slip Op. 04450, holding that an exchange of e-mails between counsel was sufficient to create a binding settlement agreement . . . Continue reading Exchange of E-mails Between Counsel Created Binding Settlement Agreement
