On February 18, 2026, the Second Department issued a decision in Sal Savasta, Inc. v. Boar’s Head Provisions Co., Inc., 2026 NY Slip Op. 00924, holding that a plaintiff had adequately alleged a claim for economic duress . . . Continue reading Plaintiff Adequately Alleged Claim of Economic Duress
On January 12, 2026, Justice Bannon of the New York County Commercial Division issued a decision in Access Advance LLC v. Shenzhen Geniatech Inc., 2026 NY Slip Op. 30198(U), holding that a party that did not sign a contract can be liable for breach of the contract as an alter ego of a signer . . . Continue reading Party That Did Not Sign Contract Can Be Liable As Alter Ego of Signer
On January 9, 2026, Justice Masley of the New York County Commercial Division issued a decision in Botbol v. Frosch Intl. Travel, Inc., 2026 NY Slip Op. 30091(U), holding that the covenant of good faith and fair dealing did not require notice of termination of an employment contract . . . Continue reading Covenant of Good Faith and Fair Dealing Does Not Require Notice of Termination of Employment Contract
On January 27, 2026, the First Department issued a decision in Carbon Direct Fund II Blocker I LLC v. LanzaTech Global, Inc., 2026 NY Slip Op. 00311, holding that a claim for breach of the implied covenant of good faith and fair dealing based on the same facts, and seeking the same damages, as a breach of contract claim was duplicative and should be dismissed . . . Continue reading Claim for Breach of Duty of Good Faith and Fair Dealing Based on Same Facts and Damages as Contract Claim Fails
On December 19, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Cross Riv. Bank v. Breadberry Lakewood, LLC, 2025 NY Slip Op. 34968(U), holding that a guaranty must be read together with contemporaneous loan documents . . . Continue reading Guaranty Must Be Read Together With Contemporaneous Loan Documents
On January 3, 2026, Justice Patel of the New York County Commercial Division issued a decision in Axos Fin., Inc. v. Reception Purchaser, LLC, 2026 NY Slip Op. 50019(U), holding that a no action clause did not bar claims when a demand on the clause’s notice party would be futile . . . Continue reading No Action Clause Does Not Bar Claims When Demand on the Clause’s Notice Party Would be Futile
On January 8, 2026, the First Department issued a decision in Yolanda Mgt. Corp. v. MicroAlgo, Inc., 2026 NY Slip Op. 00072, holding that a contractual obligation to use best efforts was not unenforceably vague . . . Continue reading Contractual Obligation to Use Best Efforts to Accomplish Task Not Unenforceably Vague
On December 5, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Romspen Inv. LP v. Ebrahimzadeh, 2025 NY Slip Op. 34692(U), holding that a borrower’s bankruptcy does not bar an action against a guarantor . . . Continue reading Borrower’s Bankruptcy Does Not Bar Action Against Guarantor
On November 5, 2025, the Second Department issued a decision in Antebi v. Guindi, 2025 NY Slip Op. 06044, holding that a plaintiff waived his right to contractual interest . . . Continue reading Plaintiff Waived Contractual Right to Interest
On October 15, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Vaporvm Holding Corp. v. Fayazi, 2025 NY Slip Op. 34028(U), holding that a party was bound by an agreement he signed, despite claims that it was not the agreement he intended to sign . . . Continue reading Party Bound By Agreement He Signed, Despite Claims That it Was Not the Agreement He Intended to Sign
