Posts Categorized: Contracts

Posted: July 22, 2019

Negligence Claim Cannot Be Based on Alleged Failure Adequately to Perform Contractual Duties

On July 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Cornice LLC v. 2LS Consul Ting Eng’g, D.P.C., 2019 NY Slip Op. 31964(U), holding that a negligence claim cannot be based on an alleged failure adequately to perform contractual duties, explaining: However, the second cause of action grounded... Read more »

Posted: July 14, 2019

Shareholders and Directors Not Liable for Breach of Company’s Contractual Obligations

On June 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Town & Country Adult Living, Inc. v. Hearth at Mount Kisco, LLC, 2019 NY Slip Op. 31862(U), holding that a company’s shareholders and directors could not be held liable for the company’s breach of its contractual obligations, explaining:... Read more »

Posted: July 8, 2019

Policy Notices Submitted by Defendant Insurer Not 3211(a)(1) Documentary Evidence

On June 26, 2019, the Second Department issued a decision in Magee-Boyle v. Reliastar Life Ins. Co. of N.Y., 2019 NY Slip Op. 05118, holding that policy notices submitted by the defendant insurer were not documentary evidence sufficient to support a motion to dismiss under CPLR 3211(a)(1), explaining: Moreover, that branch of Reliastar’s motion which... Read more »

Posted: July 7, 2019

Court Grants Specific Performance of Contract Because of Difficulty in Enforcing Judgment on Defendants’ Foreign Assets

On June 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Crede CG III, Ltd. v. Tanzanian Gold Corp., 2019 NY Slip Op 31763(U), granting specific performance of a contract because of the difficulty of enforcing a money judgment on the foreign defendant’s assets, explaining: The party seeking specific... Read more »

Posted: July 4, 2019

Party’s Failure to State its Intent to Perform a Contract can Demonstrate Repudiation

On June 18, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Cooperstein v. Securewatch24 LLC, 2019 NY Slip Op. 31773(U), holding that a party’s refusal to confirm its intent to perform a contract can constitute repudiation of the contract, explaining: The Defendants argue that the second cause of action... Read more »

Posted: June 29, 2019

Subsequent Agreement Reducing Tenant’s Rent Obligations Insufficient to Discharge Guarantor’s Obligations Under Initial Contract

On June 18, 2019, the First Department issued a decision in SpringPrince, LLC v. Elie Tahari, Ltd., 2019 NY Slip Op. 04885, holding that a subsequent agreement reducing a tenant’s rent obligations was insufficient to discharge a guarantor’s obligations under the initial contract, explaining: Plaintiff’s motion for summary judgment in lieu of complaint was properly... Read more »

Posted: June 25, 2019

Claim Barred by Election of Remedies

On June 13, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Inferno Rest. & Pizzeria, Inc. v. SW Michaels Pizzeria, Inc., 2019 NY Slip Op. 50995(U), holding that a counterclaim was barred by the defendants’ election of remedies, explaining: Waiver is the voluntary and intentional relinquishment of a known right.... Read more »