Implied Covenant Claim Based on Unilaterally and Arbitrarily Setting Repayment Terms Alleged Survives Dismissal
Commercial Case Notes / Contracts

Implied Covenant Claim Based on Unilaterally and Arbitrarily Setting Repayment Terms Alleged Survives Dismissal

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

Allegations of Protect and Economic Duress Sufficient to Defeat Motion to Dismiss Based on Voluntary Payment
Commercial Case Notes / Contracts

Allegations of Protect and Economic Duress Sufficient to Defeat Motion to Dismiss Based on Voluntary Payment

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

Contract and Quasi-Contract Claims May be Made in the Alternative When There is a Dispute Over the Existence of the Contract
Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

Contract and Quasi-Contract Claims May be Made in the Alternative When There is a Dispute Over the Existence of the Contract

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

Claim Dismissed For Failure to Prove Exceptions to Enforcement of No Damages For Delay Clause
Commercial Case Notes / Contracts

Claim Dismissed For Failure to Prove Exceptions to Enforcement of No Damages For Delay Clause

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

Covenant of Good Faith and Fair Dealing Cannot Be Used to Imply Contract Term the Parties Agreed to Omit
Commercial Case Notes / Contracts

Covenant of Good Faith and Fair Dealing Cannot Be Used to Imply Contract Term the Parties Agreed to Omit

On September 24, 2025, the Second Department issued a decision in Wymara, Ltd. v. Gansevoort Hotel Group, LLC, 2025 NY Slip Op. 05124, holding that the covenant of good faith and fair dealing could not be used to imply a contract term that parties had agreed to omit from their agreement . . . Continue reading Covenant of Good Faith and Fair Dealing Cannot Be Used to Imply Contract Term the Parties Agreed to Omit