On July 29, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Ader v. Ader, 2025 NY Slip Op. 33045(U), holding that a defendant’s lack of funds was an insufficient basis for a duress affirmative defense to a breach of contract claim . . . Continue reading Defendant’s Lack of Funds Insufficient Basis for Duress Defense
On July 24, 2025, Justice Chan of the New York County Commercial Division issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2025 NY Slip Op. 32996(U), holding that when counsel for a party did not respond to an e-mail memorializing a stipulation, there was no binding stipulation, even though the parties might have reached an oral agreement . . . Continue reading Even if There is an Oral Agreement, When Counsel Did Not Respond to E-mail Memorializing a Stipulation, Stipulation is Not Binding
On July 25, 2025, Justice Masley of the New York County Commercial Division issued a decision in BLDG 44 Developers LLC v. Pace Companies N.Y., LLC, 2025 NY Slip Op. 32881(U), holding that a plaintiff was not entitled to consequential damages of lost rent and revenue for breach of a construction contract . . . Continue reading Plaintiff Not Entitled to Lost Rent and Revenue for Breach of Construction Contract
On August 6, 2025, the Second Department issued a decision in ZFA Mgt., LLC v. Heng Chen, 2025 NY Slip Op. 04599, holding that defenses to enforceability of a note were no basis for delaying enforcement of an unconditional guaranty . . . Continue reading Defenses to Enforceability of a Note No Basis for Delaying Enforcement of an Unconditional Guaranty
On June 26, 2025, the First Department issued a decision in TRB Acquisitions LLC v. Yedid, 2025 NY Slip Op. 03872, holding that the absolute litigation privilege does not bar a suit for breach of an NDA in connection with a litigation . . . Continue reading Absolute Litigation Privilege Does Not Bar Suit for Breach of NDA in Connection With a Litigation
On May 16, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Sifi Networks Am. LLC v. Generate Capital, PBC, 2025 NY Slip Op. 31842(U), dismissing a theft of trade secrets claim as duplicative of a claim for breach of a NDA . . . Continue reading Theft of Trade Secrets Claim Dismissed as Duplicative of Claim Relating to Breach of NDA
On June 18, 2025, the Second Department issued a decision in Bardy v. Bonnem, 2025 NY Slip Op. 03698, holding that the statute of frauds barred a claim based on an oral agreement not capable of performance in one year, but allowing quasi-contract claims to survive . . . Continue reading Statue of Frauds Bars Claim Based on Oral Agreement Not Capable of Performance in One Year, but Quasi-Contract Claims Survive
On June 17, 2025, the First Department issued a decision in Board of Mgrs. of the Alfred Condominium v. Miller, 2025 NY Slip Op. 03647, holding that a waiver argument failed for lack of evidence showing a clear manifestation of an intent to relinquish a known right . . . Continue reading Waiver Argument Fails for Lack of Evidence of Clear Manifestation of Intent to Relinquish a Known Right
On May 23, 2025, Justice Patel of the New York County Commercial Division issued a decision in Essence Communications LLC v. Group Black Inc., 2025 NY Slip Op. 31934(U), holding that the Statute of Frauds, which bars oral agreements to assist in negotiating a business opportunity, does not apply to an oral agreement to provide information used to facilitate sales . . . Continue reading Statute of Frauds Does Not Bar Oral Agreement to Provide Information Used to Facilitate Sales
On June 12, 2025, the First Department issued a decision in Ceratosaurus Invs., LLC v. B2C Alternative Equity, LLC, 2025 NY Slip Op. 03630, holding that a trade confirmation was adequately alleged to be a binding agreement . . . Continue reading Trade Confirmation Adequately Alleged to be Binding Agreement
