On December 24, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Aktiv Assets LLC v. Centerbridge Partners, L.P., 2019 NY Slip Op. 33736(U), holding that a plaintiff’s obligation to perform was not excused by the defendant’s alleged non-material breach of the agreement, explaining: Even if the agreements were viewed... Read more »
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Posts Categorized: Contracts
Alleged Lack of Documentary Evidence Referring to an Oral Contract Insufficient Basis for Dismissing Claim Alleging Such a Contract
On December 19, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Ripka v. Stenzler, 2019 NY Slip Op. 33688(U), holding that an alleged absence of documentary referring to an oral contract was an insufficient basis for finding that no such contract existed, explaining: Defendants seek dismissal of the declaratory... Read more »
Questions of Fact Regarding Defendant’s Alleged Misconduct Precluded Dismissal Based on Construction Contract’s No Damages for Delay Clause
On December 26, 2019, the First Department issued a decision in Tyrek Hgts. Erectors, Inc. v. WDF, Inc., 2019 NY Slip Op. 09386, holding that questions of fact regarding a defendant’s alleged misconduct precluded dismissal based on a construction contract’s no damages for delay clause, explaining: Plaintiff has met its burden of pointing to evidence... Read more »
Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim
On December 13, 2019, Justice Sherwood of the New York County Division issued a decision in Citigroup Global Mkts. Inc. v. SCIP Capital Mgt., LLC, 2019 NY Slip Op. 33633(U), dismissing a claim for breach of the covenant of good faith and fair dealing as duplicative of a breach of contract claim, explaining: It is... Read more »
That Loan Was Made from the Proceeds of Illegal Gambling Does Not Make Loan Contract Unenforceable
On December 19, 2019, the Court of Appeals issued a decision in Centi v. McGillin, 2019 NY Slip Op. 09058, holding that a loan contract was enforceable even though the loan was made from the proceeds of illegal gambling, explaining: Given our strong public policy favoring freedom of contract, agreements are generally enforceable by their... Read more »
Parties Bound by Unsigned Contract
On December 3, 2019, the First Department issued a decision in Lerner v. Newmark & Co. Real Estate, Inc., 2019 NY Slip Op. 08611, holding that parties were bound by an unsigned contract based on their conduct, explaining: Plaintiff has also stated a claim for breach of the Termination Agreement, dated June 16, 2016, and... Read more »
Quantum Meruit Claim Barred by Contract Covering Same Subject Matter Even Though Defendant Was Not Signatory
On December 5, 2019, the First Department issued a decision in J.T. Magen & Co., Inc. v. Nissan N. Am., Inc., 2019 NY Slip Op. 08784, holding that a quantum meruit claim was barred by the existence of a contract covering the same subject matter even though the defendant did not sign the contract, explaining:... Read more »
Court Grants Preliminary Injunction Enforcing Restrictive Covenants Pending Trial
On November 26, 2019, the First Department issued a decision in UAH-Mayfair Mgt. Group LLC v. Clark, 2019 NY Slip Op. 08536, affirming the grant of a preliminary injunction enforcing a restrictive covenant pending trial, explaining: In order to obtain a preliminary injunction, movant must show (1) a likelihood of ultimate success on the merits;... Read more »
Contract Term Allowing Defendant to Act in its Reasonable Judgment Required Defendant to Have a Reasonable Basis for its Actions
On November 8, 2019, the Fourth Department issued a decision in Scheer v Elam Sand & Gravel Corp., 2019 NY Slip Op. 08037, holding that a contract term allowing a defendant to act in its reasonable judgment required the defendant to have a reasonable basis for its actions, explaining: Plaintiff leased land to defendant, a... Read more »
Written Contract’s Merger Clause Does Not Bar Parol Evidence Regarding an Alleged Agreement When Alleged Agreement was Collateral to the Written Contract
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Hai Yang Liu v. 88 Harborview Realty, LLC, 2019 NY Slip Op. 33280(U), holding that a written contract’s merger clause did not bar parol evidence regarding an alleged agreement when the alleged agreement was collateral to the written... Read more »