Where There is a Question Over the Existence of a Contract, Plaintiff Can Assert Both Unjust Enrichment and Contract Claims
Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

Where There is a Question Over the Existence of a Contract, Plaintiff Can Assert Both Unjust Enrichment and Contract Claims

On May 30, 2024, the First Department issued a decision in 110 NC LLC v. Bank of Am., N.A., 2024 NY Slip Op. 02974, holding that when there is a question regarding the existence of a contract, a plaintiff can assert both unjust enrichment and breach of contract claims . . . Continue reading Where There is a Question Over the Existence of a Contract, Plaintiff Can Assert Both Unjust Enrichment and Contract Claims

Party That Sent Signature Pages to His Lawyer for Inclusion in a Contract Without Reading the Final Version Bound by the Version to Which Lawyer Affixed Signature Pages
Commercial Case Notes / Contracts

Party That Sent Signature Pages to His Lawyer for Inclusion in a Contract Without Reading the Final Version Bound by the Version to Which Lawyer Affixed Signature Pages

On May 2, 2024, the First Department issued a decision in Wilmington Trust N.A. v. Nelson, 2024 NY Slip Op. 02388, holding that a party that sent signature pages to his lawyer for inclusion in a contract without reading the final version of the contract is bound by the final version to which the lawyer affixed the signature pages . . . Continue reading Party That Sent Signature Pages to His Lawyer for Inclusion in a Contract Without Reading the Final Version Bound by the Version to Which Lawyer Affixed Signature Pages

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