On October 9, 2018, the First Department issued a decision in Royal Park Invs. SA/NV v. Morgan Stanley, 2018 NY Slip Op. 06695, holding that New York law applied to the question of whether tort claims passed to a Belgian assignee, explaining: Unlike substantive law, matters of procedure are governed by the law of the forum… Read more »
Blogs
Posts Categorized: Contracts
Fact Questions Regarding Whether Contract Breach Was So Material As to Justify Rescission Preclude Summary Judgment
On September 28, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Sabby Healthcare Master Fund Ltd. v. Microbot Med. Inc, 2018 NY Slip Op. 32429(U), holding that fact questions regarding whether a breach of contract was so material as to justify rescission precluded summary judgment, explaining: Rescission should be granted only… Read more »
Breach of Contract Claim Properly Dismissed for Lack of Evidence of Damages
On September 27, 2018, the First Department issued a decision in FranPearl Equities Corp. v. 24 W. 23rd St., LLC, 2018 NY Slip Op. 06326, holding that a breach of contract claim was properly dismissed for lack of evidence of damages, explaining: It is undisputed that, following the sale of a parcel of land by… Read more »
Court Grants Plaintiff Judgment on Contract Claim Despite Lack of Damages
On August 21, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Concord Dev. Co. LLC v. Amedore Concord, LLC, 2018 NY Slip Op. 51330(U), granting a plaintiff judgement on a breach of contract claim despite the plaintiff having no evidence of damages, explaining: On its breach of contract claim, Concord bears… Read more »
Duty to Defend is Merely Duty to Reimburse Until Question of Coverage is Resolved
On July 20, 2018, the New Jersey Appellate Division issued a decision in Woodbury Medical Center Associates, LLP v. Selective Insurance Company, Docket No. A-5526-15T1, holding that an insurer’s duty to defend was merely a duty to reimburse until the question of whether claims are covered is resolved, explaining: At the outset, we agree with… Read more »
Officer Not Liable For Contract Signed on Behalf of Company
On September 13, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Level Group Inc. v. Smart Merchants Inc., 2018 NY Slip Op. 32259(U), holding that an officer was not personally bound by a contract he signed on behalf of his company, explaining: In support of the cross-motion to dismiss… Read more »
Claims Barred by Release
On September 12, 2018, the Second Department issued a decision in Miller v. Brunner, 2018 NY Slip Op. 06008, holding that claims were barred by a release, explaining: A release is a contract, and its construction is governed by contract law. A release that is complete, clear, and unambiguous on its face must be enforced according to… Read more »
Unjust Enrichment Claim Survives Dismissal Because of Questions of Fact Regarding Whether Contract Covers Claims
On August 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Georgetown Co., LLC v. IAC/Interactive Corp., 2018 NY Slip Op. 32078(U), declining to dismiss an unjust enrichment claim because of questions of fact regarding whether there was a contract covering the plaintiff’s claims, explaining: The elements of a cause… Read more »
Letter Agreement Binding Even Though it Envisioned a Further, More Formal Agreement
On August 10, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Vincent Crisafulli Testamentary Trust v. AAI Acquisition, LLC, 2018 NY Slip Op. 51219(U), holding that a letter agreement was a binding contract even though the parties envisioned entering into a further, more formal, agreement, explaining: [T]he plain language of… Read more »
Town’s Promissory Estoppel Claim Against LIPA Fails
On August 16, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in Town of Huntington v. Long Island Power Authority, 2018 NY Slip Op. 51206(U), dismissing the Town of Huntington’s promissory estoppel claim against LIPA, explaining: The plaintiff raises promissory estoppel as an alternative theory to its breach-of- contract and third-party-beneficiary… Read more »