On August 12, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Denver Wewatta (Co) LLC v. Amtrust Title Ins. Co., 2024 NY Slip Op. 32847(U), holding that damages from fraud can include losses from foregone opportunities . . . Continue reading Fraud Damages Can Include Lost Opportunities
On May 28, 2024, the First Department issued a decision in Hall v. Middleton, 2024 NY Slip Op. 02889, holding that punitive damages can be awarded even if there is no compensatory damages award . . . Continue reading Punitive Damages Awardable Even When No Compensatory Damages Awarded
On April 25, 2024, the First Department issued a decision in BML Props. Ltd. v. China Constr. Am., Inc., 2024 NY Slip Op. 02252, holding that a plaintiff was not entitled to lost profits damages because the parties did not contemplate them in making their agreement . . . Continue reading Plaintiff not Entitled to Lost Profit Damages Because the Parties Did Not Contemplate Them in Making Their Agreement
On March 7, 2024, the First Department issued a decision in Citigroup Global Mkts. Inc. v. SCIP Capital Mgt., LLC, 2024 NY Slip Op. 01249, holding that the plaintiff was not entitled to consequential damages because such damages were not contemplated by the parties when the contract was made . . . Continue reading Plaintiff Not Entitled to Consequential Damages Because Such Damages Were not Contemplated by the Parties When the Contract was Made
On February 28, 2024, the Second Department issued a decision in Contract Pharmacal Corp. v. Air Indus. Group, 2024 NY Slip Op. 00995, holding that a plaintiff cannot sue for both contract damages and anticipatory breach . . . Continue reading Plaintiff Cannot Sue for Both Contract Damages and Anticipatory Breach
On February 27, 2024, the First Department issued a decision in NGM Mgt. Group, LLC v. Bareburger Group, LLC, 2024 NY Slip Op. 00979, enforcing a liquidated damages clause . . . Continue reading Court Enforces Liquidated Damages Clause
On January 31, 2024, the Second Department issued a decision in Misty Cleaning Servs., Inc. v. Independent Group Home Living Program, Inc., 2024 NY Slip Op. 00418, holding that a liquidated damages clause was not enforceable . . . Continue reading Liquidated Damages Clause Not Enforceable
On January 16, 2024, the First Department issued a decision in IHG Harlem I LLC v. 406 Manhattan LLC, 2024 NY Slip Op. 00164, holding that a sole remedy provision did not bar an award of statutory interest . . . Continue reading Sole Remedy Provision Did Not Bar Award of Statutory Interest
On November 16, 2023, Justice Crane of the New York County Commercial Division issued a decision in Medea Inc. v. Honeywell Safety Prods., USA, Inc., 2023 NY Slip Op. 34091(U), holding that a contract provision limiting damages was unenforceable because it failed in its essential purpose . . . Continue reading Contract Provision Limiting Damages Unenforceable When
On November 17, 2023, the Fourth Department issued a decision in Buffalo Riverworks LLC v. Schenne, 2023 NY Slip Op. 05823, holding that a plaintiff was not entitled to lost profits damages because such an award was not contemplated by the parties . . . Continue reading Plaintiff Not Entitled to Lost Profits Damages Because They Were not Contemplated by the Parties
