Posts Categorized: Contracts

Posted: March 19, 2018

Salesperson Supervised by a Broker Can Make Claim for Commission Based on Oral Contract

On February 20, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Saran v. Shanghai Chengtou (USA), LLC, 2018 NY Slip Op. 30292(U), holding that a salesperson supervised by a broker can make a claim for a commission based on an oral contract, explaining: While it is clear on the… Read more »

Posted: March 3, 2018

Jury Demand Struck; Allegations of Fraudulent Inducement Insufficient to Avoid Contract’s Jury Waiver

On February 27, 2018, the First Department issued a decision in Zohar CDO 2003-1 Ltd. v. Xinhua Sports & Entertainment Ltd., 2018 NY Slip Op. 01294, affirming the dismissal of a jury demand, explaining: The court properly granted the motion to strike plaintiffs’ demand for a jury trial. While a party alleging fraudulent inducement that… Read more »

Posted: February 27, 2018

Indenture Trustee Can Bring Claims to Recover Losses Incurred by all Noteholders from Unpaid Notes

On February 20, 2018, the Court of Appeals issued a decision in Cortlandt St. Recovery Corp. v. Bonderman, 2018 NY Slip Op. 01149, holding that an indenture trustee can bring claims to recover losses incurred by all noteholders from unpaid notes, explaining: An indenture is essentially a written agreement that bestows legal title of the… Read more »

Posted: February 17, 2018

Court Refuses to Enforce Forum Selection Clause in Internet Contract

On February 1, 2018, Justice Ash of the Kings County Commercial Division issued decision in Swipe Ice Corp, Inc. v. UPS Mail Innovations, Inc., 2018 NY Slip Op. 30178(U), refusing to enforce a forum selection clause in an Internet contract, explaining: The creation of online contracts has not fundamentally changed the principles of contract. To… Read more »

Posted: February 10, 2018

Integration Clause Bars Claim for Work Not Covered by Written Agreement

On January 25, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Unclaimed Prop. Recovery Serv., Inc. v. Credit Suisse First Boston Corp., 2018 NY Slip Op. 30150(U), holding that a contract’s integration clause barred a claim for payment for work not covered by the contract, explaining: The unambiguous terms… Read more »

Posted: February 2, 2018

Court Orders Specific Performance of Contract to Sell Real Estate

On January 22, 2018, Justice Scarpulla of the New York County Supreme Court issued a decision in Split Rail Holdings LLC v. 176 Grand St. Corp., 2018 NY Slip Op. 30130(U), granting specific performance of a contract to sell real estate, explaining: To establish its entitlement to specific performance, the party seeking such relief must… Read more »

Posted: January 26, 2018

Questions of Fact Precluded Dismissal on Summary Judgment of Action Based on Oral Contract Subject to Statute of Frauds

On January 11, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Toobian v. Golzad, 2018 NY Slip Op. 30068(U), holding that questions of fact precluded summary judgment in an action based on an oral contract subject to the statute of frauds, explaining: In response to the defendants’ prima facie showing… Read more »

Posted: January 25, 2018

Court Requires Parties to Arbitrate Some Claims and Have Others Decided by the Court

On January 11, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Levy v. Donel Corp., 2018 NY Slip Op. 30070(U), requiring parties to arbitrate some claims while litigating others, explaining: Pursuant to CPLR 7503 (a), where there is no substantial question whether a valid agreement was made or complied with… Read more »