Daily Archives: Saturday, October 13, 2018

Posted: October 13, 2018

Fact Questions Regarding Whether Contract Breach Was So Material As to Justify Rescission Preclude Summary Judgment

On September 28, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Sabby Healthcare Master Fund Ltd. v. Microbot Med. Inc, 2018 NY Slip Op. 32429(U), holding that fact questions regarding whether a breach of contract was so material as to justify rescission precluded summary judgment, explaining: Rescission should be granted only... Read more »