On May 23, 2024, the First Department issued a decision in Kataman Metals LLC v. Macquarie Futures USA, LLC, 2024 NY Slip Op. 02869, holding that a modification to a contract does not require new consideration . . . Continue reading Contract Modification Does Not Require New Consideration
On May 14, 2024, the First Department issued a decision in Aronson Mayefsky & Sloan, LLP v. Praeger, 2024 NY Slip Op. 02657, holding that a law firm is allowed to bring both breach of contract and account stated claims regarding unpaid bills . . . Continue reading Law Firm Allowed to Bring Both Contract and Account Stated Claims Regarding Unpaid Bills
On May 16, 2024, the Court of Appeals issued a decision in Mulacek v. ExxonMobil Corp., 2024 NY Slip Op. 02724, holding that a no action clause barred a claim against an issuer . . . Continue reading No Action Clause Bars Claim Against Issuer
On April 17, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Exceed LLC v. Relo LLC, 2024 NY Slip Op. 31439(U), dismissing a declaratory judgment claim as duplicative of a breach of contract claim . . . Continue reading Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim
On April 16, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Atlas Tech. Group LLC v. Soluna MC LLC, 2024 NY Slip Op. 31448(U), holding that a conversion claim cannot be based on a payment owed under a contract . . . Continue reading Conversion Claim Cannot be Based on Payment Owed Under Contract
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
On April 23, 2024, the First Department issued a decision in At Last Sportswear, Inc. v. Byron, 2024 NY Slip Op. 02135, holding that breach of loyalty and breach of an employment contract claims were not duplicative . . . Continue reading Breach of Loyalty and Breach of Employment Contract Claims Not Duplicative
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
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
On April 2, 2024, the First Department issued a decision in FPG Maiden Lane, LLC v. Bank Leumi USA, 2024 NY Slip Op. 01777, holding that a release can cover unknown claims . . . Continue reading Release Can Cover Unknown Claims
