Party’s Exercise of Discretion Explicitly Granted to it Can Still Breach the Covenant of Good Faith and Fair Dealing
Commercial Case Notes / Contracts

Party’s Exercise of Discretion Explicitly Granted to it Can Still Breach the Covenant of Good Faith and Fair Dealing

On December 22, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Antara Capital Master Fund LP v. Bombardier Inc., 2023 NY Slip Op. 34524(U), holding that a party’s exercise of discretion explicitly granted to it can still breach the covenant of good faith and fair dealing . . . Continue reading Party’s Exercise of Discretion Explicitly Granted to it Can Still Breach the Covenant of Good Faith and Fair Dealing

Statute of Frauds Does Not Cover Alleged Oral Agreement to Assess a Potential Business Opportunity
Commercial Case Notes / Contracts / Real Property

Statute of Frauds Does Not Cover Alleged Oral Agreement to Assess a Potential Business Opportunity

On November 21, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Bissell St. I, LLC v. Westbrook Partners LLC, 2023 NY Slip Op. 34293(U), holding that the statute of frauds does not over an oral agreement to assess a potential business opportunity . . . Continue reading Statute of Frauds Does Not Cover Alleged Oral Agreement to Assess a Potential Business Opportunity

Claim for Breach of Covenant of God Faith and Fair Dealing Not Duplicative of Contract Claim
Commercial Case Notes / Contracts

Claim for Breach of Covenant of God Faith and Fair Dealing Not Duplicative of Contract Claim

On December 14, 2023, the First Department issued a decision in Botbol v. Frosch Intl. Travel Inc., 2023 NY Slip Op. 06433, holding that a claim for breach of the covenant of good faith and fair dealing based on the bad faith exercise of a contract right was not duplicative of a breach of contract claim . . . Continue reading Claim for Breach of Covenant of God Faith and Fair Dealing Not Duplicative of Contract Claim

Mere Denial of E-Signing an Agreement Insufficient Basis to Obtain Dismissal on Summary Judgment
Commercial Case Notes / Contracts

Mere Denial of E-Signing an Agreement Insufficient Basis to Obtain Dismissal on Summary Judgment

On October 26, 2023, Justice Doyle of the Seventh Judicial District Commercial Division issued a decision in AJ Equity Group LLC v. Office Connection, Inc., 2023 NY Slip Op. 51157(U), holding that defendant’s mere denial that she e-signed an agreement is an insufficient basis to dismiss claims related to the agreement . . . Continue reading Mere Denial of E-Signing an Agreement Insufficient Basis to Obtain Dismissal on Summary Judgment

Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence
Commercial Case Notes / Contracts / Summary Judgment

Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence

On October 31, 2023, the First Department issued a decision in Cicardo Natl., Inc. v. Loeb, 2023 NY Slip Op. 05465, upholding the dismissal of a claim based on an oral contract when there was no corroborating documentary evidence of that contract . . . Continue reading Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence

Joint Venture Allegations Survive Motion to Dismiss Despite Questions Regarding Terms Governing the Joint Venture
Commercial Case Notes / Contracts / Partnerships

Joint Venture Allegations Survive Motion to Dismiss Despite Questions Regarding Terms Governing the Joint Venture

On October 5, 2023, Justice Crane of the New York County Commercial Division issued a decision in Brabury v. Israel, 2023 NY Slip Op. 33551(U), holding that joint venture allegations survived a motion to dismiss despite questions regarding the terms of the joint venture agreement . . . Continue reading Joint Venture Allegations Survive Motion to Dismiss Despite Questions Regarding Terms Governing the Joint Venture