On October 5, 2023, Justice Crane of the New York County Commercial Division issued a decision in TH Holdco LLC v. Rubin, 2023 NY Slip Op. 33517(U), holding that a waiver in a loan guaranty waived a defense that the guaranty was unenforceable as against public policy . . . Continue reading Waiver in Guaranty Included Waiver of Defense That Guaranty Was Unenforceable as Against Public Policy
On October 5, 2023, Justice Cohen of the New York County Commercial Division issued a decision in ACP Hous. Assoc., L.P. v. ABJ Milano, LLC, 2023 NY Slip Op. 33469(U), holding that a claim for mutual mistake failed because, among reasons, of the delay in raising the issue . . . Continue reading Claim Based on Mutual Mistake Fails Because, Among Other Reasons, of Delay in Raising Dispute
On October 5, 2023, the First Department issued a decision in 111 W. 57th Inv. LLC v/ 111 W57 Mezz Inv. LLC, 2023 NY Slip Op. 05029, holding that a defendant that had the sole discretion to take an action could not be held liable for breaching the covenant of good faith and fair dealing for doing so . . . Continue reading No Claim for Breach of Covenant of Good Faith Lies Where Defendant Had Full Discretion to Act
On September 26, 2023, the First Department issued a decision in AOG, LLC v. Kind Operations Inc., 2023 NY Slip Op. 04710, holding that a recoupment defense should have been dismissed for lack of a contractual duty to make the payments to be recouped . . . Continue reading Recoupment Defense Fails for Lack of Contractual Duty to Make Payments to be Recouped
On September 14, 2023, Justice Schecter of the New York County Commercial Division issued a decision in Han v. Kwak, 2023 NY Slip Op. 33207(U), holding that rescission and rescissory damages are unavailable against a defendant who is not a party to the transaction that he fraudulently induced.” Continue reading Rescission and Rescissory Damages Unavailable When Defendant is Not Contractual Counterparty
On August 23, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Desanges v. All Taxi, Inc., 2023 NY Slip Op. 33123(U), dismissing a breach of contract claim for failure to identify which terms of the contract had been breached . . . Continue reading Breach of Contract Claim Dismissed for Failure to Identify Which Provision of the Contract Was Breached
On August 25, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Manda Intl. Corp. v. Red Hook 160 LLC, 2023 NY Slip Op. 33126(U), holding that an assignee does not automatically assume the obligations of the assignor . . . Continue reading Assignee Does Not Automatically Assume Obligations of Assignor
On September 6, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Daiwa Corporate Advisory LLC v. Katapult Group, Inc., 2023 NY Slip Op. 33079(U), holding that a defendant could not use the doctrine of definiteness to defeat a breach of contract claim . . . Continue reading Defendant Cannot Use Doctrine of Definiteness to Defeat Contract Claim
On September 1, 2023, Justice Reed of the New York County Commercial Division issued a decision in Lakeland Bank v. Beach, 2023 NY Slip Op. 50931(U), rejecting a challenge to a stipulation of settlement . . . Continue reading Court Rejects Challenge to Stipulation of Settlement
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
