On August 21, 2023, Justice Chan of the New York County Commercial Division issued a decision in Ascend Wellness Holdings, Inc. v. MedMen NY, Inc., 2023 NY Slip Op. 32872(U), Continue reading Anti-SLAPP Statute Does Not Apply to Private Contract Dispute Despite Connection to Public Interest
On August 10, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Shakur v. Fullerton, 2023 NY Slip Op. 32795(U), holding that when the interest rate on a note is described differently in words and numerals, the words control . . . Continue reading When the Interest Rate on Note is Described Differently in Words and Numerals, the Words Control
On August 11, 2023, the Fourth Department issued a decision in Hausrath Landscape Maintenance, Inc. v. Caravan Facilities Mgt., LLC, 2023 NY Slip Op. 04289, holding that a defendant was liable for providing an untimely notice of contract termination . . . Continue reading Defendant Liable for Untimely Notice of Termination of Contract
On July 28, 2023, the Fourth Department issued a decision in Milherst Constr., Inc. v. Natale Bldg. Corp., 2023 NY Slip Op. 04051, holding that a question of fact regarding whether extra work was covered by a contract precluded dismissal of an unjust enrichment claim . . . Continue reading Question of Fact Regarding Whether Work Was Covered by Contract Precluded Dismissal of Unjust Enrichment Claim
On July 14, 2023, Justice Chan of the New York County Commercial Division issued a decision in Newage Garden Grove, LLC v. Wells Fargo Bank, N.A., 2023 NY Slip Op. Continue reading Court Rejects Economic Duress Claim
On July 19, 2023, the Second Department issued a decision in FPG CH 94 Amity, LLC v. Pizzarotti, LLC, 2023 NY Slip Op. 03852, holding that a plaintiff was not entitled to summary judgment on a breach of contract claim because there were questions of fact regarding damages . . . Continue reading Plaintiff Not Entitled to Summary Judgment on Contract Claim When There Was a Question of Fact Regarding Damages
On June 29, 2023, Justice Chan of the New York County Commercial Division issued a decision in Emigrant Bus. Credit Corp. v. Hanratty, 2023 NY Slip Op. 32156(U), holding that a fraudulent inducement claim based on statements of present fact was not duplicative of a breach of contract claim . . . Continue reading Fraudulent Inducement Claim Based on Statements of Present Fact Not Duplicative of Contract Claim
On June 20, 2023, the First Department issued a decision in Cresco Labs N.Y., LLC v. Fiorello Pharms., Inc., 2023 NY Slip Op. 03305, holding that a plaintiff was not entitled to consequential damages for breach of a letter of intent . . . Continue reading Plaintiff Not Entitled to Consequential Damages for Breach of Letter of Intent
On June 15, 2023, the First Department issued a decision in Barnett v. Berkowitz, 2023 NY Slip Op. 03286, holding that a claim for breach of the duty of good faith and fair dealing can exist when the defendant has not breached a term of a contract . . . Continue reading Claim for Breach of the Duty of Good Faith and Fair Dealing Can Exist Even When a Contract Term Has Not Been Breached
On June 15, 2023, the First Department issued a decision in Parkmerced Invs., LLC v. WeWork Cos. LLC, 2023 NY Slip Op. 03290, holding that a breach of contract claim cannot be based on a term sheet that by its terms is non-binding . . . Continue reading Contract Claim Cannot Be Based on Term Sheet That By its Terms is Non-Binding
