References to Performance or Other Agreements Does Not Disqualify a Guaranty from Disposition by Summary Judgment in Lieu of Complaint
Commercial Case Notes / Summary Judgment

References to Performance or Other Agreements Does Not Disqualify a Guaranty from Disposition by Summary Judgment in Lieu of Complaint

On April 9, 2026, the First Department issued a decision in Air Prods. & Chems., Inc. v. World Energy, LLC, 2026 NY Slip Op. 02150, holding that references to performance or other agreements does not disqualify a guaranty from disposition by summary judgment in lieu of complaint . . . Continue reading References to Performance or Other Agreements Does Not Disqualify a Guaranty from Disposition by Summary Judgment in Lieu of Complaint

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

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

On April 1, 2026, Justice Reed of the New York County Commercial Division issued a decision in 269 W. 87th St. Apt. Corp. v. QSB 267 Prop. Co, LLC, 2026 NY Slip Op. 50450(U), dismissing an unjust enrichment claim 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 Plaintiff and Defendant

Claim for Breach of NDA Fails For Lack of Specific Allegations Regarding What Confidential Information Was Misused
Commercial Case Notes / Contracts

Claim for Breach of NDA Fails For Lack of Specific Allegations Regarding What Confidential Information Was Misused

On April 7, 2026, the First Department issued a decision in KSFB Mgt., LLC v. Goldman Sachs & Co., LLC, 2026 NY Slip Op. 02064, holding that a claim for breach of an NDA failed for lack of specific allegations regarding what confidential information was misused . . . Continue reading Claim for Breach of NDA Fails For Lack of Specific Allegations Regarding What Confidential Information Was Misused

If Parties to An Agreement Select an Effective Date that Predates When the Contract Was Signed, The Earlier Date is Binding
Commercial Case Notes / Contracts

If Parties to An Agreement Select an Effective Date that Predates When the Contract Was Signed, The Earlier Date is Binding

On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Telco Insights, LLC v. Telco Experts, LLC, 2026 NY Slip Op. 31190(U), holding that if the parties to an agreement select an effective date that predates when the contract is signed, the earlier date is binding . . . Continue reading If Parties to An Agreement Select an Effective Date that Predates When the Contract Was Signed, The Earlier Date is Binding

Court Declines to Dismiss in Favor of Later-Filed New Jersey Action Even Though New Jersey Courts Refused to Dismiss the Later-Filed Action
Commercial Case Notes / Court Rules and Procedures

Court Declines to Dismiss in Favor of Later-Filed New Jersey Action Even Though New Jersey Courts Refused to Dismiss the Later-Filed Action

On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in United States Fire Ins. Co. v. Palin, 2026 NY Slip Op. 31201(U), declining to dismiss an action in favor of a later-filed New Jersey action even though the New Jersey courts refused to dismiss the later-filed action . . . Continue reading Court Declines to Dismiss in Favor of Later-Filed New Jersey Action Even Though New Jersey Courts Refused to Dismiss the Later-Filed Action

That Parties Agreed to Keep Documents Confidential Insufficient Grounds to Seal Court Records
Commercial Case Notes / Court Rules and Procedures

That Parties Agreed to Keep Documents Confidential Insufficient Grounds to Seal Court Records

On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Goanna Capital Private Tech. II LP v. Blair, 2026 NY Slip Op. 31203(U), holding that an agreement by the parties to keep documents confidential was an insufficient ground to seal court records . . . Continue reading That Parties Agreed to Keep Documents Confidential Insufficient Grounds to Seal Court Records