Posts Categorized: Contracts

Posted: July 16, 2021

Attorney’s Standard E-mail Signature Block Sufficient to Create Binding Agreement

On July 08, 2021, the First Department issued a decision in Matter of Philadelphia Ins. Indem. Co. v. Kendall, 2021 NY Slip Op. 04284, holding that an attorney’s standard e-mail signature block is sufficient to create a binding agreement, explaining: CPLR 2104, entitled “Stipulations,” reads in pertinent part: “An agreement between parties or their attorneys... Read more »

Posted: June 22, 2021

Allegations the Release Was Procured by Fraud Fail When the Alleged Fraud is the Fraud That is the Subject of the Release

On June 2, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Chadha v. Wahedna, 2021 NY Slip Op. 50509(U), holding that a fraud claim based on allegations that a release was procured by fraud fail when the alleged fraud is the fraud that was the subject of the release,... Read more »

Posted: June 18, 2021

Defendant Liable for Terminating Contract Without Observing Contract’s Notice and Cure Provision

On June 3, 2021, the First Department issued a decision in Alloy Advisory, LLC v. 503 W. 33rd St. Assoc., Inc., 2021 NY Slip Op. 03520, holding a defendant liable for terminating a contract without observing the contract’s notice and cure provision, explaining: The primary issue on appeal is whether defendants breached the agreement by... Read more »

Posted: June 14, 2021

Party to Agreement Not to Disclose Ongoing Negotiations Can Be Held Liable for Time and Money Spent on Negotiations

On May 18, 2021, the First Department issued a decision in Garda USA, Inc. v. Sun Capital Partners, Inc., 2021 NY Slip Op. 03146, holding that a party to an agreement not to disclose ongoing negotiations can be held liable for revealing those negotiations, explaining: In its complaint, plaintiff seeks the profits it lost by... Read more »

Posted: June 13, 2021

Broker Not Entitled to Commission Because it was not the Procuring Cause of the Sale

On May 20, 2021, the First Department issued a decision Capin & Assoc., Inc. v. Herskovitz, 2021 NY Slip Op. 03249, holding that a broker was not entitled to a commission because it was not the procuring cause of a sale, explaining: Plaintiff and defendants LLCs never entered into any explicit written or oral brokerage... Read more »

Posted: 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 Slip Op. 03370, holding that unjust enrichment and breach of contract claims are not duplicative when there is a question of fact regarding the existence of a contract, explaining: With respect to the unjust enrichment claim,... Read more »

Posted: May 23, 2021

Fraud Claim Cannot be Based on Misrepresentations of an Intention to Perform a Contract

On May 13, 2021, the First Department issued a decision in 320 W. 115 Realty LLC v. All Bldg. Constr. Corp., 2021 NY Slip Op. 03107, holding that a fraud claim cannot be based on the misrepresentation of an intent to perform an agreement, explaining: In support of the fraudulent inducement claim, plaintiff’s main allegations... Read more »