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
On October 3, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Skyline Bus. Capital LLC v. Tech Ready Mix Inc., 2025 NY Slip Op. 33820(U), holding that an implied covenant claim based on unilaterally and arbitrarily setting repayment terms was adequately alleged . . . Continue reading Implied Covenant Claim Based on Unilaterally and Arbitrarily Setting Repayment Terms Alleged Survives Dismissal
On October 8, 2025, Justice Masley of the New York County Commercial Division issued a decision in Vinci Brands LLC v. Case-Mate, Inc., 2025 NY Slip Op. 33855(U), holding that allegations of protest and economic duress were sufficient to defeat a motion to dismiss based on the voluntary payment doctrine . . . Continue reading Allegations of Protect and Economic Duress Sufficient to Defeat Motion to Dismiss Based on Voluntary Payment
On October 14, 2025, the First Department issued a decision in Uno A Brokerage Inc. v. Inshur, Inc., 2025 NY Slip Op. 05658, holding that the statute of frauds barred the enforcement of an oral finder’s agreement . . . Continue reading Statute of Frauds Bars Enforcement Of Oral Finder’s Agreement
On September 29, 2025, Justice Patel of the New York County Commercial Division issued a decision in Hound Partners, LLC v. Tiger Mgt. L.L.C., 2025 NY Slip Op. 33696(U), holding that a contract without a fixed termination date nonetheless was not terminable at will . . . Continue reading Contract Without Fixed Termination Date Found Not to be Terminable at Will
On October 3, 2025, the Fourth Department issued a decision in JSC Mgt. Group, LLC v. West Gen. Contrs., LLC, 2025 NY Slip Op. 05351, holding that contract and quasi-contract claims may be made in the alternative when there is a dispute over the existence of a contract . . . Continue reading Contract and Quasi-Contract Claims May be Made in the Alternative When There is a Dispute Over the Existence of the Contract
On October 7, 2025, the First Department issued a decision in Ali Baba Hotel Corp. v. Prose, 2025 NY Slip Op. 05451, interpreting the term “affiliate” to extend the benefit of a contract to a non-signatory . . . Continue reading Court Interprets Term “Affiliate” to Extend the Benefits of a Contract to a Non-Signatory
On September 30, 2025, the First Department issued a decision in Henick-Lane, LLC v. Stellar Mgt. Group, Inc., 2025 NY Slip Op. 05190, holding that a breach of contract claim failed for lack of proof of any of the exceptions to the enforcement of a no damages for delay clause . . . Continue reading Claim Dismissed For Failure to Prove Exceptions to Enforcement of No Damages For Delay Clause
