Fraud Claim Based on Misrepresentation Regarding Contract Performance Dismissed as Duplicative of Contract Claim
Commercial Case Notes / Contracts / Fraud/Misrepresentation

Fraud Claim Based on Misrepresentation Regarding Contract Performance Dismissed as Duplicative of Contract Claim

On April 16, 2024, the First Department issued a decision in Ho v. Star Contrs., Inc., 2024 NY Slip Op. 02014, holding that a fraud claim based on alleged misrepresentations regarding the performance of a contract should be dismissed as duplicative of a breach of contract claim . . . Continue reading Fraud Claim Based on Misrepresentation Regarding Contract Performance Dismissed as Duplicative of Contract Claim

Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim
Commercial Case Notes / Contracts

Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim

On March 25, 2024, Justice Chan of the New York County Commercial Division issued a decision in Brand Squared LLC v. Ryse Up Sports Nutrition, LLC, 2024 NY Slip Op. 31031(U), dismissing a claim for breach of the covenant of good faith and fair dealing as duplicative of a breach of contract claim . . . Continue reading Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim

When There is a Dispute Over the Existence of a Contract, a Plaintiff May Plead Both Contract and Quasi-Contract Claims
Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

When There is a Dispute Over the Existence of a Contract, a Plaintiff May Plead Both Contract and Quasi-Contract Claims

On April 4, 2024, the First Department issued a decision in Georgetown Co., LLC v. IAC/Interactive Corp., 2024 NY Slip Op. 01870, holding that when there is a dispute over the existence of a contract, a plaintiff may please both contract and quasi-contract claims . . . Continue reading When There is a Dispute Over the Existence of a Contract, a Plaintiff May Plead Both Contract and Quasi-Contract Claims

Court Upholds Covenant of Good Faith and Fair Dealing Claim Based on Alleged Refusal to Engage in Settlement Negotiations
Commercial Case Notes / Contracts

Court Upholds Covenant of Good Faith and Fair Dealing Claim Based on Alleged Refusal to Engage in Settlement Negotiations

On March 11, 2024, Justice Chan of the New York County Commercial Division issued a decision in Newage Garden Grove, LLC v Wells Fargo Bank, N.A., 2024 NY Slip Op. 30855(U), upholding a claim for the breach of the covenant of good faith and fair dealing based on an alleged refusal to engage in settlement negotiations . . . . Continue reading Court Upholds Covenant of Good Faith and Fair Dealing Claim Based on Alleged Refusal to Engage in Settlement Negotiations

Claims Based on Alleged Oral Partnership Agreement Barred by No Written Modifications Clause of Employment Agreement
Commercial Case Notes / Contracts

Claims Based on Alleged Oral Partnership Agreement Barred by No Written Modifications Clause of Employment Agreement

On March 5, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in NY Cardio Care PLLC v. Salman, 2024 NY Slip Op. 30850(U), holding that claims based on an alleged oral partnership agreement were barred by a no written modifications clause in an employment agreement . . . Continue reading Claims Based on Alleged Oral Partnership Agreement Barred by No Written Modifications Clause of Employment Agreement

Oral Commission Agreement Barred by Statute of Frauds, Not Saved by Alleged Part Performance
Commercial Case Notes / Contracts

Oral Commission Agreement Barred by Statute of Frauds, Not Saved by Alleged Part Performance

On March 7, 2024, Justice Borrok of the New York County Commercial Division issued a decision in UNO A Brokerage Inc v. Inshur, Inc., 2024 NY Slip Op. 30733(U), holding that an alleged oral commission agreement was barred by the statue of frauds and not saved by alleged part performance . . . Continue reading Oral Commission Agreement Barred by Statute of Frauds, Not Saved by Alleged Part Performance