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Posts Categorized: Contracts

Posted: September 21, 2018

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 »

Posted: September 12, 2018

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 »

Posted: August 27, 2018

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 »

Posted: August 26, 2018

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 »

Posted: August 13, 2018

Article 77 Proceeding Excludes Beneficiaries of Trusts That Hold Interests in Trusts That are the Subject of the Proceeding

On August 7, 2018, Justice Friedman of the New York County Commercial Division issued a decision in Matter of Wells Fargo Bank, N.A., 2018 NY Slip Op. 31883(U), holding that beneficiaries of trusts that held interests in trusts that were the subject of an Article 77 proceeding did not have standing to appear in the... Read more »

Posted: August 12, 2018

Fraud Claim Dismissed as Duplicative of Contract Claim: No Separate Damages Alleged

On August 6, 2018, Justice Masley of the New York County Commercial Division issued a decision in TJ PRP LLC v. Rag & Bone Holdings LLC, 2018 NY Slip Op. 31880(U), dismissing a fraud claim as duplicative of a contract claim, explaining: A fraud claim that arises from the same facts as an accompanying contract... Read more »

Posted: August 11, 2018

Court Reviews Law Governing Contract Interpretation on Summary Judgment

On August 6, 2018, Justice Schecter of the New York County Commercial Division issued a decision in Cast Iron Co., LLC v. Cast Iron Corp., 2018 NY Slip Op. 31881(U), discussing contract interpretation on a summary judgment motion: Contracts are construed in accord with the parties’ intent, the best evidence of which is the language... Read more »

Posted: August 9, 2018

Alleged Incompetent Project Management Does Not Excuse Enforcement of No Damages for Delay Clause

On August 2, 2018, Justice Friedman of the New York County Commercial Division issued a decision in Primiano Electric Co. v. HTS-NY, LLC, 2018 NY Slip Op. 31859(U), holding that alleged incompetent project management does not excuse enforcement of a construction contract’s no damages for delay clause, explaining: As held by the Court of Appeals,... Read more »