On November 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Schon Family Found. v. Brinkley Capital Ltd., 2018 NY Slip Op. 33027(U), holding that defendants could not avoid summary judgment on a breach of contract claim by arguing that there was an oral modification of the contract, explaining: A… Read more »

On November 26, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Tongyang, Inc. v. Tong Yang Am., Inc., 2018 NY Slip Op. 32959(U), holding that a plaintiff was liable on the defendant’s counterclaim based on facts pleaded in the Complaint, explaining: TYA’s counterclaim for breach of contract arises out of… Read more »

On November 27, 2018, the First Department issued a decision in Wroble v. Shaw Envtl. & Infrastructure Eng’g of N.Y., P.C., 2018 NY Slip Op. 08061, holding that the Labor Law provision allowing employees to sue a general contractor as third-party beneficiaries trumps a contract’s no third-party beneficiary clause, explaining: Labor Law § 220(3) provides, in pertinent… Read more »

On October 30, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in Olympus Am. Inc. v. Greene House Surgicare, 2018 NY Slip Op. 32874(U), holding that parties who signed an agreement on behalf of non-existent entities were personally bound by the agreement, explaining: Under well-established agency law, a contract between individuals… Read more »

On November 9, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Matter of U.S. Bank N.A., 2018 NY Slip Op. 32875(U), holding that a pooling and servicing agreement was ambiguous and ordering discovery, explaining: Under New York law, written agreements are construed in accordance with the parties’ intent and… Read more »

On November 15, 2018, the First Department issued a decision in Beltway 7 & Props., Ltd. v. Blackrock Realty Advisers, Inc., 2018 NY Slip Op. 07844, holding that allegations of duress were insufficient to overcome the voluntary payment doctrine, explaining: In seeking to avoid application of the voluntary payment doctrine, plaintiff first contends on appeal… Read more »

On November 7, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Lam Pearl St. Hotel LLC v. Golden Pearl Constr. LLC, 2018 NY Slip Op. 32852(U), holding that a general release barred a claim regarding settled claims, explaining: GPC argues that the implied covenant of good faith and fair dealing cannot… Read more »

On October 31, 2018, the Second Department issued a decision in Pitsy, LLC v. Rindenow, 2018 NY Slip Op. 07340, holding that a plaintiff’s waiver of claims against a debtor did not waive the plaintiff’s claims to enforce a guaranty against the debtor’s guarantor, explaining: [T]he plaintiff demonstrated its prima facie entitlement to judgment as a… Read more »

On October 22, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Hailey Insulation Corp. v. WDF, Inc., 2018 NY Slip Op. 32717(U), enforcing a no damages for delay provision in a construction contract, explaining: Finally, WDF moves to dismiss Hailey’s fourth cause of action seeking delay damages. The subcontract states: “The… Read more »

On October 22, 2018, Justice Fisher of the Kings County Supreme Court issued a decision in Juan Carlos Nunez v. Athletes’ Careers Enhanced and Secured, Inc., No. 502950/2018 (Supreme Court, Kings County), declining to dismiss an action due to an in pari delicto/illegality defense, explaining: In Nunez, the plaintiff, a former employee of a prominent…