On March 13, 2025, the First Department issued a decision in Fora Fin., Advance, LLC v. 4 Pillar Consulting, LLC, 2025 NY Slip Op. 01422, enforcing a liquidated damages provision . . . Continue reading Liquidated Damages Provision Held Enforceable
On February 28, 2025, Justice Masley of the New York County Commercial Division issued a decision in Martha Stewart Living Omnimedia, LP v. Snow Joe LLC, 2025 NY Slip Op. 30683(U), holding that nominal damages are sufficient to meet that damages element of a breach of contract claim . . . Continue reading Nominal Damages Sufficient to Meet Damages Element of Breach of Contract Claim
On February 24, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Kingsbridge 2005, LLC v. Wells Fargo Bank, N.A., 2025 NY Slip Op. 30648(U), enforcing a provision limiting claims to a proceeding for declaratory judgment . . . Continue reading Provision Limiting Claims to Declaratory Judgment Enforceable
On March 5, 2025, the Second Department issued a decision in Lang v. Zlotnick, 2025 NY Slip Op. 01208, holding that prejudgment interest on a note was calculated from the date the note became due . . . Continue reading Prejudgment Interest on Note Assessed From Date Note Became Due
On December 10, 2024, Justice Bannon of the New York County Commercial Division issued a decision in TPCAF I, LLC v. Aboutaam, 2024 NY Slip Op. 34420(U), holding that a lender is not required to foreclose on collateral rather than sue for the amount due on the loan . . . Continue reading Lender is Not Required to Foreclose on Collateral Rather Than Sue for Amount Due on Loan
On December 17, 2024, the First Department issued a decision in Telefonica S.A. v. Millicom Intl. Cellular S.A., 2024 NY Slip Op. 06318, holding that statutory interest must be based on the damages actually awarded . . . Continue reading Statutory Interest Must Be Based on Damages Actually Awarded
On December 3, 2024, the First Department issued a decision in 2M Hospitality Group, LLC v. Sahara Plaza, LLC, 2024 NY Slip Op. 06003, holding that a contract provision barring money damages was enforceable in the absence of intentional misconduct . . . Continue reading Contract Provision Barring Money Damages Enforceable in the Absence of Intentional Misconduct
On October 29, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Roytman v. Gluzman, 2024 NY Slip Op. 33870(U), declining to dismiss a breach of contract claim even though no damages were alleged . . . Continue reading Court Declines to Dismiss Contract Claim Even Though No Damages Were Alleged
On October 31, 2024, the First Department issued a decision in OH 126th St. Hous. Dev. Fund Corp. v. Berkley Ins. Co., 2024 NY Slip Op. 05410, holding that a consequential damages waiver in a contract did not extend to a related surety bond . . . Continue reading Consequential Damages Waiver in Contract Does Not Apply to Related Surety Bond
On October 24, 2024, the First Department issued a decision in Spicer v. Garda World Consulting (UK) Ltd., 2024 NY Slip Op. 05298, holding that delay in bringing a claim did not waive entitlement to statutory interest . . . Continue reading Delay in Bringing Claim Did Not Waive Entitlement to Statutory Interest
