Claims Based on Existence of Oral Partnership Agreement Dismissed for Lack of Allegations of an Agreement to Share Losses
Commercial Case Notes / Partnerships

Claims Based on Existence of Oral Partnership Agreement Dismissed for Lack of Allegations of an Agreement to Share Losses

On July 12, 2023, Justice Reed of the New York County Commercial Division issued a decision in Kiehl v. Cavicchio, 2023 NY Slip Op. 50706(U), dismissing claims based on an alleged oral partnership agreement for lack of allegations of an agreement to share losses . . . Continue reading Claims Based on Existence of Oral Partnership Agreement Dismissed for Lack of Allegations of an Agreement to Share Losses

Plaintiff Not Required to Plead Inapplicability of Affirmative Defense to Aiding and Abetting Claim
Commercial Case Notes / Conspiracy/Aiding and Abetting

Plaintiff Not Required to Plead Inapplicability of Affirmative Defense to Aiding and Abetting Claim

On July 13, 2023, the First Department issued a decision in Iberdrola Energy Projects v. MUFG Union Bank, N.A., 2023 NY Slip Op. 03841, holding that a plaintiff was not required to plead the inapplicability of an affirmative defense to an aiding and abetting and conspiracy claim . . . Continue reading Plaintiff Not Required to Plead Inapplicability of Affirmative Defense to Aiding and Abetting Claim

Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between the Plaintiff and the Defendant
Commercial Case Notes / Quantum Meruit/Unjust Enrichment

Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between the Plaintiff and the Defendant

On July 7, 2023, Justice Reed of the New York County Commercial Division issued a decision in Quinn v. GCB Capital, LLC, 2023 NY Slip Op. 50674(U), holding that an unjust enrichment claim failed for lack of a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between the Plaintiff and the Defendant

Fraudulent Inducement Claim Based on Statements of Present Fact Not Duplicative of Contract Claim
Commercial Case Notes / Contracts / Fraud/Misrepresentation

Fraudulent Inducement Claim Based on Statements of Present Fact Not Duplicative of Contract Claim

On June 29, 2023, Justice Chan of the New York County Commercial Division issued a decision in Emigrant Bus. Credit Corp. v. Hanratty, 2023 NY Slip Op. 32156(U), holding that a fraudulent inducement claim based on statements of present fact was not duplicative of a breach of contract claim . . . Continue reading Fraudulent Inducement Claim Based on Statements of Present Fact Not Duplicative of Contract Claim

Party’s Participation in Arbitrator Selection Waived Objections to It
Arbitration, Mediation and Other ADR / Commercial Case Notes

Party’s Participation in Arbitrator Selection Waived Objections to It

On June 21, 2023, Justice Chan of the New York County Commercial Division issued a decision in Employers Ins. Co. of Wausau v. Dominion Ins. Receivable LLC, 2023 NY Slip Op. 32097(U), holding that a party’s participation in an arbitration by selecting an arbitrator waived its objection to it . . . Continue reading Party’s Participation in Arbitrator Selection Waived Objections to It

Arbitrators’ Failure to Grant Requested Adjournment Not Grounds for Vacating Award
Arbitration, Mediation and Other ADR / Commercial Case Notes

Arbitrators’ Failure to Grant Requested Adjournment Not Grounds for Vacating Award

On June 23, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Panzer v. Epstein, 2023 NY Slip Op. 32099(U), holding that arbitrators’ decision not to grant a requested adjournment was not grounds for vacating an arbitral award . . . Continue reading Arbitrators’ Failure to Grant Requested Adjournment Not Grounds for Vacating Award

Tortious Interference with Prospective Economic Advantage Claim Fails for Lack of Allegations of a Related Crime or Independent Tort
Commercial Case Notes / Tortious Interference

Tortious Interference with Prospective Economic Advantage Claim Fails for Lack of Allegations of a Related Crime or Independent Tort

On June 21, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in August Constr. Group, Inc. v. DeGroat, 2023 NY Slip Op. 50604(U), dismissing a tortious interference with prospective economic advantage claim for, among other things, failure to allege a related crime or independent tort . . . Continue reading Tortious Interference with Prospective Economic Advantage Claim Fails for Lack of Allegations of a Related Crime or Independent Tort