On April 30, 2021, the Fourth Department issued a decision in Barone v. Haskins, 2021 NY Slip Op. 02686, holding that the great deference afforded arbitral awards mandated the refusal to vacate an award . . .
On April 30, 2021, the Fourth Department issued a decision in DiMarco Constructors, LLC v. Top Capital of N.Y. Brockport, LLC, 2021 NY Slip Op. 02680, holding that a Lien Law claim cannot be defeated by evidence that an improper diversion of trust fund assets was cured by a later payment of non-trust assets . . .
On April 28, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Dragonetti Bros. Landscaping Nursery & Florist, Inc. v. Verizon N.Y., Inc., 2021 NY Slip Op. 50375(U), holding that a general objection to the obligation to pay a bill was sufficient to defeat an account stated claim . . .
On April 22, 2021, the First Department issued a decision in Feinberg v. Marathon Patent Group Inc., 2021 NY Slip Op. 02452, holding that holder claims are not actionable under New York law . . .
On April 20, 2021, the First Department issued a decision in Salamone v. EIP Global Fund LLC, 2021 NY Slip Op. 02372, holding that fees are considered in determining whether a loan is usurious . . .
On April 22, 2021, Justice Cohen of the New York County Commercial Division issued a decision in W-Systems Corp. v. Mountain Am. Fed. Credit Union, 2021 NY Slip Op. 31393(U), holding that a forum selection clause was not incorporated into a contract when the contract only referred to the agreement containing the forum selection clause, not to the agreement’s forum selection provisions . . .
On April 29, 2021, the First Department issued a decision in AmBase Corp. v. 111 W. 57th Sponsor LLC, 2021 NY Slip Op. 02589, holding that a breach of contract claim failed for lack of allegations of damages . . .
On April 27, 2021, the First Department issued a decision in CWCapital Cobalt VR Ltd. v. CWCapital Invs. LLC, 2021 NY Slip Op. 02487, holding that the continuing wrong doctrine saved a claim from dismissal on statute of limitations grounds . . .
On April 7, 2021, the Second Department issued a decision in Toobian v. Golzad, 2021 NY Slip Op. 02186, holding that a party asserting an unclean hands defense must have been injured by the plaintiff’s misconduct . . .
On April 7, 2021, the Second Department issued a decision in Toobian v. Golzad, 2021 NY Slip Op. 02185, holding that fact questions precluded dismissal of claim based on an oral agreement to purchase real estate on statute of frauds grounds . . .