Blogs

Monthly Archives: September 2017

Posted: September 5, 2017

Party May Invoke Forum Selection Clause Against Non-Signatory Closely Related to a Signatory

On August 29, 2017, the First Department issued a decision in Universal Investment Advisory SA v. Bakrie Telecom PTE, Ltd., 2017 NY Slip Op. 06344, holding that parties that did not sign an agreement could nonetheless be bound by the agreement’s forum selection clause, explaining: [T]he motion to dismiss the third, fifth and seventh causes... Read more »

Posted: September 3, 2017

Fraud Claim Cannot be Based on Statement Contradicted by Unambiguous Term of Contract

On August 25, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in MPEG LA, L.L.C. v. Samsung Electronics Co., Ltd., 2017 NY Slip Op. 31799(U), dismissing a fraud claim based on a misrepresentation that contradicted an unambiguous term of the parties’ contract, explaining: Samsung’s fraudulent inducement claim is based on... Read more »

Posted: September 2, 2017

Claim for Money Had and Received Dismissed

On August 17, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in 413 W. 48th St. Housing Development Fund Corp. v. Saparn Realty, Inc., 2017 NY Slip Op. 31773(U), dismissing a claim for money had and received, explaining: A claim for money had and received requires a showing that: (1)... Read more »