Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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May 23, 2022 Auctioning of Artwork Did Not Place Plaintiff Under Duress
On March 3, 2022, in Zhang Chang v. Phillips Auctioneers LLC, 2022 NY Slip. Op. 01383, the First Department affirmed an Order of Justice Jennifer G. Schecter, which granted defendant’s motion to dismiss causes of action for breach of contract and unjust enrichment.  In affirming, the First Department rejected the plaintiff’s argument that an acknowledgement of the debt was voidable because it had been signed under duress.  Read More
March 23, 2022 Dismissal of Breach of Contract Claim Decisive of Motion to Dismiss Complaint
In a Decision and Order dated January 11, 2022, in Misamore v Godfrey, 2022 NY Slip Op 00131, the First Department unanimously and summarily affirmed that where there was no breach of contract, the other claims for breach of implied covenant of good faith and fair dealing, tortious interference, and unjust enrichment had to be dismissed. Read More
February 25, 2022 Lack of Due Diligence and Awareness of Risks Irrelevant Where Claim is for Fraudulent Inducement
On January 5, 2022, Justice Masley of the New York County Commercial Division issued a decision in BRL Hampton Rd. LLC v. Heather, 2022 NY Slip Op 30039(U), granting plaintiff summary judgment even though it failed to conduct due diligence, was aware of the risks with a startup and was the one who had the idea to lend $1 million to defendant to get the construction project moving. The Court explained: Read More
January 24, 2022 Claim Dismissed Against Husband Even Though He Benefited From Allegedly Misappropriated Funds
On December 2, 2021, in Lanaras v Premium Ocean, LLC, 2021 NY Slip Op 51128(U), Justice Reed dismissed claims of fraudulent conveyance under NY DCL § 273, unjust enrichment and constructive trust against the husband of a businesswoman who allegedly misappropriated money received to start a business venture. The complaint identified the husband as a beneficiary of the allegedly fraudulent conveyances by virtue of his and his wife’s joint property holdings and joint bank accounts. Dismissing the complaint against the husband, the Court explained: Read More
June 11, 2021 Unjust Enrichment and Breach of Contract Claims Not Duplicative When There is a Question of Fact Regarding the Existence of a Contract
On May 27, 2021, the First Department issued a decision in CIP GP 2018, LLC v. Koplewicz, 2021 NY Sl… Read More
February 28, 2021 Exchange of E-Mails Insufficient to Create Contract, but Could Serve as Basis of Unjust Enrichment Claim
On February 18, 2021, the First Department issued a decision in Sonenshine Partners, LLC v. Duravant… Read More
November 5, 2020 Where Parties Have a Contract, Unjust Enrichment Claim Must be Dismissed
On October 22, 2020, the First Department issued a decision in ECD NY Inc. v. 616 First Ave. Dev. LL… Read More
August 12, 2020 Plaintiff May Recover in Quasi-Contract From a Stranger to the Contract in the Interest of Justice
On July 30, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in M… Read More
April 7, 2020 Court Upholds Claim Seeking Constructive Trust
On April 2, 2020, the First Department issued a decision in Homapour v. Harounian, 2020 NY Slip Op. … Read More
November 6, 2019 At Complaint Stage, Plaintiffs May Plead Contract and Quasi Contract Claims in the Alternative
On October 4, 2019, Justice Borrok of the New York County Commercial Division issued a decision in S… Read More
August 15, 2019 Court Declines to Award Prejudgment Interest on Unjust Enrichment Damages Award
On July 27, 2019, Justice Friedman of the New York County Commercial Division issued a decision in O… Read More
May 11, 2019 Unjust Enrichment Claim Dismissed for Failure to Aledge How the Defendant Was Unjustly Enriched
On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in Ta… Read More
April 25, 2019 Plaintiff has no Property Interest in Likeness Outside Civil Rights Law
On April 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in Jo… Read More
September 12, 2018 Unjust Enrichment Claim Survives Dismissal Because of Questions of Fact Regarding Whether Contract Covers Claims
On August 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
June 27, 2018 Unjust Enrichment Claim Fails For Lack of Relationship Between Plaintiff and Defendant
On June 20, 2018, the Second Department issued a decision in Crescimanni v. Trovato, 2018 NY Slip Op… Read More
May 18, 2018 Unjust Enrichment Claim Dismissed Because Contracts Governed Claims
On May 9, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Pre… Read More
September 28, 2016 Work Other than Negotiating Business Opportunity Not Barred by Statute of Frauds
On September 22, 2016, the First Department issued a decision in Dorfman v. Reffkin, 2016 NY Slip Op… Read More
September 18, 2016 Use of Unjustly Received Information Can be Basis for Unjust Enrichment Claim
On September 12, 2016, Justice Ostrager of the New York County Commercial Division issued a decision… Read More
August 6, 2016 Court Explains Limits to Claim for Unjust Enrichment
On July 29, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
April 30, 2016 Unjust Enrichment Claim Against Company Owner Based on Payments Made to Company Upheld
On April 20, 2016, the Second Department issued a decision in Shah v. Exxis, Inc., 2016 NY Slip Op. … Read More
January 10, 2016 Unjust Enrichment Claim Should Not Have Been Dismissed As Duplicative of Breach of Contract Claim
On January 7, 2016, the First Department issued a decision in Cleo Realty Associates, L.P. v. Uptown… Read More
October 23, 2015 Unjust Enrichment Claim Dismissed For Lack of Relationship Between Parties
On October 16, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
October 7, 2015 Unjust Enrichment Claim Requires Relationship Between Plaintiff and Defendant
On October 6, 2015, the First Department issued a decision in Schroeder v. Pinterest Inc., 2015 NY S… Read More
September 26, 2015 Limitations Period for Unjust Enrichment as Alternative to Tort is Same As for the Tort
On September 18, 2015, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
September 17, 2015 Unjust Enrichment Claim Based on Use of Video Clip Preempted by Civil Rights Law §§ 50 and 51
On September 16, 2015, the Second Department issued a decision in Sondik v. Kimmel, 2015 NY Slip Op.… Read More
September 15, 2015 Even Though Sports Agency Contract Void, Agent Can Recover for Unjust Enrichment
On September 4, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 5, 2015 Unjust Enrichment Not Predicate Tort for CPLR 302 Jurisdiction Over Co-Conspirator
On August 25, 2015, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
July 28, 2015 Alleged Recipient of Embezzeled Funds Subject to Claim for Unjust Enrichement
On July 10, 2015, the Fourth Department issued a decision in Simpson & Simpson, PLLC v. Lippes Mathi… Read More
July 24, 2015 Claim for Unjust Enrichment Lies Against Party Who Received Property Stolen From Plaintiff
On July 2, 2015, the First Department issued a decision in Lau v. Lazar, 2015 NY Slip Op. 05770, hol… Read More
June 9, 2015 Contract Unenforceable for Lack of Definiteness
On June 3, 2015, the Second Department issued a decision in UETA Latinamerica, Inc. v. Zafir, 2015 N… Read More
January 19, 2015 Shareholder Has Standing to Assert Unjust Enrichment Claim
On January 13, 2015, the First Department issued a decision in Scott v. Pro Management Services Grou… Read More
April 1, 2014 Financial Advisor's Claims Dismissed on Statute of Fraud Grounds
On March 25, 2014, the First Department issued a decision in JF Capital Advisors, LLC v. Lightstone… Read More