On March 20, 2024, the Second Department issued a decision in Riesenburger Props., LLLP v. Pi Assoc., LLC, 2024 NY Slip Op. 01570, holding that a defendant had failed to meet the high burden necessary to vacate a stipulation of settlement . . . Continue reading Defendant Fails to Meet High Burden to Vacate Stipulation of Settlement
On March 27, 2024, the Second Department issued a decision in Regal Commodities v. Tauber, 2024 NY Slip Op. 01736, holding that an agent who negotiated a contract on behalf of a disclosed principal was not bound by the contract . . . Continue reading Agent Not Bound to Agreement Where Principal Was Disclosed
On March 27, 2024, the Second Department issued a decision in Twitchell Tech. Prods., LLC v. Mechoshade Sys., LLC, 2024 NY Slip Op. 01744, analyzing the enforceability of a restrictive covenant in a commercial contract . . . Continue reading Second Department Analyzes Enforceability of Restrictive Covenant in Commercial Contract
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
On March 5, 2024, the First Department issued a decision in NCCMI, Inc. v. Bersin Props., LLC, 2024 NY Slip Op. 01161, holding that a court may reform a contract even though the statute of limitations for a reformation claim has run .. . . Continue reading Court May Reform Contract Even Though the Statute of Limitations for a Reformation Claim Has Run
On March 7, 2024, the First Department issued a decision in Citigroup Global Mkts. Inc. v. SCIP Capital Mgt., LLC, 2024 NY Slip Op. 01249, holding that the plaintiff was not entitled to consequential damages because such damages were not contemplated by the parties when the contract was made . . . Continue reading Plaintiff Not Entitled to Consequential Damages Because Such Damages Were not Contemplated by the Parties When the Contract was Made
On February 28, 2024, the Second Department issued a decision in Contract Pharmacal Corp. v. Air Indus. Group, 2024 NY Slip Op. 00995, holding that a plaintiff cannot sue for both contract damages and anticipatory breach . . . Continue reading Plaintiff Cannot Sue for Both Contract Damages and Anticipatory Breach
On February 28, 2024, the Second Department issued a decision in Keller-Wala v. Coello, 2024 NY Slip Op. 01004, holding that an agreement was not a binding contract because of a lack of consideration . . . Continue reading Agreement Not a Binding Contact Because of Lack of Consideration
On February 22, 2024, the First Department issued a decision in EPAC Tech., Inc. v. John Wiley & Sons, Inc., 2024 NY Slip Op. 00933, holding that a plaintiff’s breach of contract failed because the plaintiff had repudiated the contract . . . Continue reading Plaintiff’s Contract Claim Fails Because it Repudiated the Contract
On January 30, 2024, the First Department issued a decision in Estate of Tawil v. Sutton, 2024 NY Slip Op. 00397, holding that an illegality defense could not be used to obtain a windfall gain . . . Continue reading Illegality Defense Could Not Be Used to Obtain a Windfall Gain
