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Posts Categorized: Contracts

Posted: September 9, 2019

Court Denies Summary Judgment in Lieu of Complaint Because Contract Included More Obligations than the Payment of Money

On August 26, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. GDC 138 E 50 LLC, 2019 NY Slip Op. 32566(U), denying a motion for summary judgment in lieu of complaint because the contract upon which the motion was based included more obligations than the... Read more »

Posted: September 5, 2019

Oral Agreement to Pay Employee’s Legal Fees Barred by Statute of Frauds to the Extent it Related to Future Litigation

On August 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Cohen v. Trump Org. LLC, 2019 NY Slip Op. 32565(U), holding that an employer’s alleged oral agreement to pay legal fees was barred by the statute of frauds to the extent it related to future litigation, explaining: The... Read more »

Posted: August 28, 2019

Corporate Parent Not Liable Under Plaintiff’s Employment Agreement With a Subsidiary

On August 16, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Shapiro v. Ninah Consulting, Inc., 2019 NY Slip Op. 32443(U), holding that a corporate parent was not liable under the plaintiff’s employment agreement with a subsidiary, explaining: It is axiomatic that only parties to a contract can be... Read more »

Posted: August 19, 2019

Corporate Parent Not Bound by Forum Selection Clause in Contract Signed by Subsidiary

On July 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Array Biopharma, Inc. v. Astrazeneca PLC, 2019 NY Slip Op. 32345(U), holding that a corporate parent was not bound by a forum selection clause in a contract signed by a subsidiary, explaining: The General Obligations Law states, in... Read more »

Posted: August 17, 2019

Plaintiff Adequately Alleged Breach of Covenant of Good Faith and Fair Dealing Notwithstanding Clause Granting Defendant Sole Discretion in Taking Certain Action

On July 30, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Shatz v. Chertok, 2019 NY Slip Op. 32343(U), holding that a plaintiff adequately had alleged a breach of the covenant of good faith and fair dealing notwithstanding the existence of a contract, explaining: Defendants Douglas Chertok and Vast... Read more »

Posted: August 9, 2019

Indemnification Provision Insufficiently Specific to Support Claim in Action Between Contracting Parties

On July 29, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Barnett v. Seth Berkowitz Serve U Brands Inc., 2019 NY Slip Op. 32257(U), holding that an indemnification provision was insufficiently specific to support a claim for attorneys’ fees in an action between the contracting parties, explaining: Defendants assert... Read more »

Posted: July 31, 2019

Plaintiff’s Delay in Bringing Suit or Exercising Other Remedies Did Not Waive Right to Sue

On July 3, 2019, Justice Schecter of the New York County Commerical Division issued a decision in Taxi Medallion Loan Trust III v. Benson Hacking Corp., 2019 NY Slip Op. 32069(U), holding that a plaintiff’s delay in bringing suit or exercising other remedies did not waive its right to sue, explaining: Defendants have also failed... Read more »