On October 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Karen’s Shipping, LLC v. West Side Foods, Inc., 2020 NY Slip Op. 33268(U), holding that the statute of frauds does not bar quantum meruit claims, explaining: The court neither overlooked nor misapprehended the relevant facts or law. As... Read more »
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Posts Categorized: Contracts
Contract Made With A Municipality That Does Not Comply With Law is Unenforceable, Even Under a Quantum Meruit Theory
On September 22, 2020, Justice Walsh of the Westchester County Commercial Division issued a decision in Universal Eng’g Servs., P.C. v. Industrial Dev. Agency of Mount Vernon, N.Y., 2020 NY Slip Op. 51066(U), holding that a contract made with a municipality that does not comply with law is unenforceable, even under a quantum meruit theory,... Read more »
Performance or Occurrence of a Condition Precedent in a Contract Need not be Pleaded
On September 8, 2020, Justice Masley of the New York County Commercial Division issued a decision in CSC Holdings, LLC v. Samsung Elecs. Am., Inc., 2020 NY Slip Op. 32956(U), holding that the performance or occurrence of a condition precedent in a contract need not be pleaded, explaining: Samsung further argues that this claim should... Read more »
Undisclosed Principal May Sue on a Contract Made in its Agent’s Name
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Artemus USA LLC v. Leila Taghinia-Milani Inc., 2020 NY Slip Op. 32958(U), holding that an undisclosed principal may sue on a contract made in its agent’s name, explaining: The Defendants argue that all claims asserted on behalf of... Read more »
Breach of Contract Claim Dismissed for Failure to Allege Damages
On September 9, 2020, Justice Masley of the New York County Commercial Division issued a decision in 2 Girls Accys LLC v. Larrea, 2020 NY Slip Op. 33005(U), dismissing breach of contract claims for failure to allege damages, explaining: In the 13th and 14th causes of action, plaintiffs allege contractual violation by Mehjeez. These claims... Read more »
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 Matthews v. Symbion Power LLC, 2020 NY Slip Op. 20189, holding that a plaintiff may recover in quasi-contract from a stranger to a contract in the interest of justice, explaining: While generally a plaintiff may not recover in... Read more »
Claim for Breach of Covenant of Good Faith and Fair Dealing Upheld Even Though it Sought the Same Damages as Breach of Contract Claim
On August 6, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Truetox Labs., LLC v. Healthfirst PHSP, Inc., 2020 NY Slip Op. 50900(U), upholding a claim for breach of the covenant of good faith and fair dealing even though it sought the same damages as the plaintiff’s breach of... Read more »
Statute of Frauds Does Not Bar Claim Based on Alleged Oral Partnership Agreement
On July 27, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Babani v. Royal Chain, Inc., 2020 NY Slip Op. 32468(U), holding that the statute of frauds does not bar a claim based on an alleged oral partnership agreement, explaining: Pursuant to General Obligations Law § 5-701(a)(1), an agreement... Read more »
Indenture Did Not Permit Trustee to Sue to Protect Investor’s Rights Until There was an Event of Default
On July 16, 2020, Justice Schecter of the New York County Commercial Division issued a decision in UMB Bank, N.A. v. Neiman Marcus Group, Inc., 2020 NY Slip Op. 20170, holding that an indenture did not permit a trustee to sue to protect investor’s rights until there was an event of default, explaining: Whether the... Read more »
Specific Representations and Warranties Control Over General “As Is” Clause
On June 12, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Valero Refining-Meraux LLC v Murphy Oil Corp., 2020 NY Slip Op. 31835(U), holding that specific representations and warranties control over a general “as is” clause, explaining: As a threshold matter, the court rejects defendant’s contention that the action... Read more »