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Posts Categorized: Contracts

Posted: January 13, 2021

Mutual Mistake Claim Fails

On December 22, 2020, Justice Schecter of the New York County Commercial Division issued a decision in D.E. Shaw Composite Holdings, L.L.C. v. Terraform Power, LLC, 2020 NY Slip Op. 34294(U), dismissing a claim for mutual mistake, explaining: The premise underlying the doctrine of mutual mistake is that the agreement as expressed, in some material... Read more »

Posted: December 28, 2020

Breach of Fiduciary Duty Claim Must Be Dismissed Where Duplicative of Breach of Contract Claim

On December 2, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in Rockmore v. Plastic Surgery Assoc., LLP, 2020 NY Slip Op. 51461(U), dismissing a breach of fiduciary duty claim as duplicative of a breach of contract claim because it was based on the breach of contractual. In Rockmore, Defendants were... Read more »

Posted: December 18, 2020

Breach of Contract Claim Barred by Contract Provision Making Third-Party Quality Assessment Binding

On December 1, 2020, the First Department issued a decision in Curacao Oil N.V. v. Trafigura Pte. Ltd., 2020 NY Slip Op. 07130, holding that a breach of contract claim was barred by a contract provision providing for a third-party to assess compliance with the contract’s quality standards, explaining: The motion court properly dismissed the... Read more »

Posted: December 15, 2020

Notice Provisions Not Strictly-Enforced When Counterparty Receives Actual Notice and is Not Prejudiced

On October 14, 2020, Justice Livote of the Queens County Commercial Division issued a decision in Golden Bridge Realty LLC v. 72nd Rd. Holdings LLC, 2020 NY Slip Op. 33939(U), holding that contractual notice provisions are not strictly enforced when the counterparty has actual notice and is not prejudiced, explaining: The first cause of action... Read more »

Posted: November 30, 2020

Admission to Existence and Essential Terms of Oral Agreement Defeats Statute of Frauds

On November 17, 2020, the First Department issued a decision in CAS Mkt’ing & Licensing Co. v. Jay Franco & Sons, Inc., 2020 NY Slip Op. 06704, holding that admissions to the existence and terms of an oral contract defeated the Statute of Frauds, explaining: [D]efendant’s argument that the parties’ contract is unenforceable under the... Read more »

Posted: November 27, 2020

Settlement Agreement Involving the Sale of Real Property Unenforceable Under Statute of Frauds

On November 12, 2020, the Second Department issued a decision in Ehrenreich v. Israel, 2020 NY Slip Op. 06499, holding that a settlement agreement requiring the sale of real property was unenforceable under the Statute of Frauds, explaining: We agree with the defendants that the causes of action in the complaint, all of which are... Read more »