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
On October 12, 2023, Justice Chan of the New York County Commercial Division issued a decision in Lion Point Capital, LP v. Burgerfi Intl., Inc., 2023 NY Slip Op. 33740(U), holding that a contract claim survives even if there are no damages . . . Continue reading Contract Claim Survives Even if There are no Damages
On October 17, 2023, the First Department issued a decision in Five Star Elec. Corp. v. Silverite Constr. Co., Inc., 2023 NY Slip Op. 05224, enforcing a no damages for delay provision . . . Continue reading Court Enforces No Damages for Delay Provision
On September 22, 2023, Just5ice Crane of the New York County Commercial Division issued a decision in Penn Hotel Jr. LLC v. JCMC W. 34 Mezz II LLC, 2023 NY Slip Op. 33315(U), holding that questions of fact precluded dismissal of a claim that a liquidated damages provision was an unenforceable penalty . . . Continue reading Questions of Fact Preclude Dismissal of Claim That Liquidated Damages Clause Was an Unenforceable Penalty
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 September 5, 2023, Justice Doyle of the 7th Judicial District Commercial Division issued a decision in Byzfunder NY LLC v. Holy City Collision LLC, 2023 NY Slip Op. 50941(U), refusing to enforce a liquidated damages provision as an unenforceable penalty . . . Continue reading Court Refuses to Enforce Liquidated Damages Provision as an Unenforceable Penalty
On June 25, 2023, Justice Masley of the New York County Commercial Division issued a decision in Seaport Mgmt. Dev. Co., LLC v. Shop Architects, P.C., 2023 NY Slip Op. 32105(U), holding that an expert was not required to prove a company’s damages . . . Continue reading Expert Not Required to Prove Company’s Damages
