Blogs

Posts Categorized: Contracts

Posted: November 18, 2019

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 »

Posted: November 13, 2019

Allegations Fail to Establish that Plaintiff Was Third-Party Beneficiary of Contract

On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Marshall Broadcasting Group, Inc. v. Nexstar Broadcasting, Inc., 2019 NY Slip Op. 33240(U), holding that a plaintiff’s allegations failed to establish that the plaintiff was a third-party beneficiary of a contract, explaining: Nexstar asserts the second count for... Read more »

Posted: November 12, 2019

Contract Claim Barred by Voluntary Payment Doctrine

On October 30, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Brooklyn Navy Yard Dev. Corp. v. TDX Constr. Corp., 2019 NY Slip Op. 33231(U), holding that a claim was barred by the voluntary payment doctrine, explaining: The voluntary payment doctrine bars recovery of payments voluntarily made with full... Read more »

Posted: November 11, 2019

Plaintiff Cannot Sue for both Rescission and Damages for Breach of Contract

On October 21, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Bryan v. Slothower, 2019 NY Slip Op. 33200(U), holding that a plaintiff cannot sue both for rescission and damages for breach of contract, explaining: In the original complaint, Bryan asserted a claim for breach of contract, seeking to... Read more »

Posted: November 7, 2019

Claims Barred by Release

On October 11, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Avnet, Inc. v. Deloitte Consulting LLP, 2019 NY Slip Op. 33026(U), holding that a claim was barred by a release, explaining: It is well established that a valid release constitutes a complete bar to an action on a... Read more »

Posted: November 6, 2019

At Complaint Stage, Plaintiffs May Plead Contract and Quasi Contract Claims in the Alternative

On October 4, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Shandong Yuyuan Logistics Co., Ltd. v. Soleil Chartered Bank, 2019 NY Slip Op. 33033(U), holding that at the complaint stage, a plaintiff can plead both contract and quasi-contract claims, explaining: To prevail on a cause of action for... Read more »

Posted: October 24, 2019

Loans Not Identified in Timely RMBS Putback Notice Still Subject to Putback Based on Later Notices, Which Related Back to First Notice

On October 10, 2019, the First Department issued a decision in U.S. Bank N.A. v. DLJ Mtge. Capital, Inc., 2019 NY Slip Op. 07327, holding that loans not identified in a timely RMBS put-back notice were still subject to put-back based on later notices, which related back to the initial, timely notice, explaining: The written... Read more »

Posted: October 21, 2019

Oral Joint Venture Agreement Barred by Statute of Frauds

On October 7, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in MProsiemo Ltd. v. Vaygensberg, 2019 NY Slip Op. 32955(U), holding that an oral joint venture agreement was barred by the statute of frauds, explaining: Vaygensberg argues that, even if the Ukrainian Agreement does not constitute a joint venture... Read more »

Posted: October 13, 2019

Fraud Claim Cannot be Based on Alleged Intention Not to Perform Contract

On September 25, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Roy Food & Wine LLC v. Meregalli, 2019 NY Slip Op. 32875(U), dismissing a fraud claim based on an alleged misrepresentation of an intention to perform a contract, explaining: To state a cause of action for fraud, a... Read more »