Blogs

Posts Categorized: Contracts

Posted: October 1, 2019

Defendant’s Acknowledgement of Existence of Oral Contract Defeats Statute of Frauds Defense

On September 16, 2019, Justice Borrok of the New York County Commercial Division issued a decision in CAS Mktg. & Licensing Co. v. Jay Franco & Sons, Inc., 2019 NY Slip Op. 32732(U), holding that a defendant’s acknowledgement of an oral contract defeated the statute of frauds, explaining: As the Court of Appeals has explained,... Read more »

Posted: September 28, 2019

Tenant Could Not Bring and Then Consolidate Two Actions to Avoid No Counterclaims Provision in Lease

On September 20, 2019, Justice Borrok of the New York County Commercial Division issued a decision in W.J. Enterprise, Inc. v. Nomad 28th St. LLC, 2019 NY Slip Op. 32761(U), holding that a tenant could not bring and then consolidate two actions to avoid a no counterclaims provision in a lease, explaining: WJ argues that,... Read more »

Posted: September 20, 2019

Shareholder Agreement Provision Requiring Shareholders and Corporation to Agree on Shareholder’s Compensation Unenforceably Vague

On September 11, 2019, the Second Department issued a decision in Osborne v. Williamson Law Book Co., 2019 NY Slip Op. 06503, holding that a shareholder agreement provision requiring shareholders and the corporation to agree on the shareholder’s compensation for working for the corporation was unenforceably vague, explaining: A contract is to be construed in... Read more »

Posted: September 9, 2019

Court Denies Summary Judgment in Lieu of Complaint Because Contract Included More Obligations than the Payment of Money

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 »

Posted: September 5, 2019

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 »

Posted: August 28, 2019

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 »