Covenant of Good Faith and Fair Dealing Does Not Require Notice of Termination of Employment Contract
Commercial Case Notes / Contracts

Covenant of Good Faith and Fair Dealing Does Not Require Notice of Termination of Employment Contract

On January 9, 2026, Justice Masley of the New York County Commercial Division issued a decision in Botbol v. Frosch Intl. Travel, Inc., 2026 NY Slip Op. 30091(U), holding that the covenant of good faith and fair dealing did not require notice of termination of an employment contract . . . Continue reading Covenant of Good Faith and Fair Dealing Does Not Require Notice of Termination of Employment Contract

Assertion That Action Was Filed in New York for Tactical Advantage Insufficient Basis for Dismissal
Commercial Case Notes / Motion to Dismiss

Assertion That Action Was Filed in New York for Tactical Advantage Insufficient Basis for Dismissal

On January 8, 2026, Justice Bannon of the New York County Commercial Division issued a decision in Parrish v. Marsh & McLennan Cos., Inc., 2026 NY Slip Op. 30045(U), holding that the assertion that an action was filed in New York instead of other jurisdictions to gain a tactical advantage is an insufficient basis to dismiss and action . . . Continue reading Assertion That Action Was Filed in New York for Tactical Advantage Insufficient Basis for Dismissal

Claim for Breach of Duty of Good Faith and Fair Dealing Based on Same Facts and Damages as Contract Claim Fails
Commercial Case Notes / Contracts

Claim for Breach of Duty of Good Faith and Fair Dealing Based on Same Facts and Damages as Contract Claim Fails

On January 27, 2026, the First Department issued a decision in Carbon Direct Fund II Blocker I LLC v. LanzaTech Global, Inc., 2026 NY Slip Op. 00311, holding that a claim for breach of the implied covenant of good faith and fair dealing based on the same facts, and seeking the same damages, as a breach of contract claim was duplicative and should be dismissed . . . Continue reading Claim for Breach of Duty of Good Faith and Fair Dealing Based on Same Facts and Damages as Contract Claim Fails

Fraud Claim Untimely Because Plaintiff Failed to Sue Within Two Years of Being on Inquiry Notice of the Fraud
Commercial Case Notes / Fraud/Misrepresentation / Statute of Limitation/Laches

Fraud Claim Untimely Because Plaintiff Failed to Sue Within Two Years of Being on Inquiry Notice of the Fraud

On January 29, 2026, the First Department issued a decision in Milne Travel Agency, Inc. v. Altour Del., LLC, 2026 NY Slip Op. 00426, holding that a fraud claim was untimely because the plaintiff failed to sue within two years of being on inquiry notice of the fraud . . . Continue reading Fraud Claim Untimely Because Plaintiff Failed to Sue Within Two Years of Being on Inquiry Notice of the Fraud

Plaintiff States Trespass to Chattel Claim Based on Access and Interference With its Computer Systems
Commercial Case Notes / Conversion/Trespass to Chattel

Plaintiff States Trespass to Chattel Claim Based on Access and Interference With its Computer Systems

On January 21, 2026, the Second Department issued a decision in Hello Beautiful Salons, Inc. v. Dimoplon, 2026 NY Slip Op. 00242, holding that a plaintiff stated a claim for trespass to chattel based on unauthorized access to, and interference with, the plaintiff’s computer . . . Continue reading Plaintiff States Trespass to Chattel Claim Based on Access and Interference With its Computer Systems