On August 26, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. GDC 138 E 50 LLC, 2019 NY Slip Op. 32566(U), denying a motion for summary judgment in lieu of complaint because the contract upon which the motion was based included more obligations than the... Read more »
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Posts Categorized: Contracts
Oral Agreement to Pay Employee’s Legal Fees Barred by Statute of Frauds to the Extent it Related to Future Litigation
On August 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Cohen v. Trump Org. LLC, 2019 NY Slip Op. 32565(U), holding that an employer’s alleged oral agreement to pay legal fees was barred by the statute of frauds to the extent it related to future litigation, explaining: The... Read more »
Breach of Oral Contract Claim Barred by Statute of Frauds
On August 21, 2019, the Second Department issued a decision in Martin Greenfield Clothiers, Ltd. v. Brooks Bros. Group, Inc., 2019 NY Slip Op. 06225, holding that a claim for breach of an oral contract was barred by the statute of frauds, explaining: Pursuant to the terms of an alleged oral agreement, the plaintiff, a... Read more »
Corporate Parent Not Liable Under Plaintiff’s Employment Agreement With a Subsidiary
On August 16, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Shapiro v. Ninah Consulting, Inc., 2019 NY Slip Op. 32443(U), holding that a corporate parent was not liable under the plaintiff’s employment agreement with a subsidiary, explaining: It is axiomatic that only parties to a contract can be... Read more »
Plaintiff That Did Not Sign Contract Lacked Standing to Bring Breach of Contract Claim
On August 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Spinosa v Interpublick Group of Cos., Inc., 2019 NY Slip Op. 32406(U), holding that a plaintiff that did not sign a contract lacked standing to bring a claim for breach of that contract, explaining: Here, it is undisputed... Read more »
Corporate Parent Not Bound by Forum Selection Clause in Contract Signed by Subsidiary
On July 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Array Biopharma, Inc. v. Astrazeneca PLC, 2019 NY Slip Op. 32345(U), holding that a corporate parent was not bound by a forum selection clause in a contract signed by a subsidiary, explaining: The General Obligations Law states, in... Read more »
Plaintiff Adequately Alleged Breach of Covenant of Good Faith and Fair Dealing Notwithstanding Clause Granting Defendant Sole Discretion in Taking Certain Action
On July 30, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Shatz v. Chertok, 2019 NY Slip Op. 32343(U), holding that a plaintiff adequately had alleged a breach of the covenant of good faith and fair dealing notwithstanding the existence of a contract, explaining: Defendants Douglas Chertok and Vast... Read more »
Indemnification Provision Insufficiently Specific to Support Claim in Action Between Contracting Parties
On July 29, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Barnett v. Seth Berkowitz Serve U Brands Inc., 2019 NY Slip Op. 32257(U), holding that an indemnification provision was insufficiently specific to support a claim for attorneys’ fees in an action between the contracting parties, explaining: Defendants assert... Read more »
Plaintiff Can Bring Suit as Third-Party Beneficiary of Contract
On July 8, 2019, Justice Cohen of the New York County Commercial Division issued a decision in HTRF Ventures, LLC v. Permasteelisa N. Am. Corp., 2019 NY Slip Op. 32095(U), holding that a plaintiff was a third-party beneficiary of a contract, explaining: Permasteelisa argues that HTRF was not an intended third-party beneficiary of the design... Read more »
Plaintiff’s Delay in Bringing Suit or Exercising Other Remedies Did Not Waive Right to Sue
On July 3, 2019, Justice Schecter of the New York County Commerical Division issued a decision in Taxi Medallion Loan Trust III v. Benson Hacking Corp., 2019 NY Slip Op. 32069(U), holding that a plaintiff’s delay in bringing suit or exercising other remedies did not waive its right to sue, explaining: Defendants have also failed... Read more »