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Posts Categorized: Contracts

Posted: November 5, 2018

Court Enforces No Damages for Delay Clause in Construction Contract

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 »

Posted: October 29, 2018

Complaint Withstands Motion to Dismiss Based on In Pari Delicto/Illegality Defense

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... Read more »

Posted: October 28, 2018

Compliance with No-Action Clauses Excused in Suit Against RMBS Trustee

On October 18, 2018, the First Department issued a decision in Blackrock Balanced Capital Portfolio (FI) v. U.S. Bank N.A., 2018 NY Slip Op. 06990, holding that the plaintiff’s compliance with no-action clauses was excused in a suit against an RMBS trustee, explaining: We reject defendant’s argument that all of the breach of contract claims must... Read more »

Posted: October 27, 2018

Plaintiff Denied Summary Judgment on Note Because of Question of Fact Regarding Whether Note Was Part of an Illegal Fee-Splitting Agreement

On October 17, 2018, the Second Department issued a decision in Linchitz Practice Mgt., Inc. v. Daat Med. Mgt., LLC, 2018 NY Slip Op. 06891, affirming the denial of summary judgment on a note because of questions of fact regarding whether the note was part of an illegal fee-splitting agreement, explaining: We agree with the Supreme Court’s... Read more »

Posted: October 21, 2018

Claim for Commission on Real Estate Purchase Dismissed: Plaintiff Did Not Establish That He Was the Procuring Cause of the Transaction

On October 2, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Vasiliu v. Miller, 2018 NY Slip Op. 32487(U), dismissing a claim for a commission, holding that the plaintiff was not the procuring cause of the transaction, explaining: Although as a general principle, a real estate broker will be deemed... Read more »

Posted: October 19, 2018

New York Law Applied to Question of Whether Tort Claims Passed to Belgian Assignee

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 »

Posted: October 13, 2018

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 »

Posted: September 27, 2018

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 »

Posted: September 26, 2018

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 »