On November 24, 2020, the Court of Appeals issued a decision in Trustees of Columbia Univ. in the City of N.Y. v. D’Agostino Supermarkets, Inc., 2020 NY Slip Op. 06937, finding a liquidated damages clause to be an unenforceable penalty . . .
On November 24, 2020, the Court of Appeals issued a decision in Sutton 58 Assoc. LLC v. Pilevsky, 2020 NY Slip Op. 06939, holding that federal bankruptcy law does not preempt tortious interference claims by non-debtors . . .
On November 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Evemeta, LLC v. Siemens Convergence Creators Corp., 2020 NY Slip Op. 33827(U), holding that lost profits damages are not available for a new business . . .
On November 17, 2020, the First Department issued a decision in Cambridge Invs. LLC v. Prophecy Asset Mgt., LP, 2020 NY Slip Op. 06703, holding that an integration clause barred a claim based on pre-signing promises . . .
On November 17, 2020, the First Department issued a decision in CAS Mkt’ing & Licensing Co. v. Jay Franco & Sons, Inc., 2020 NY Slip Op. 06704, holding that admissions to the existence and terms of an oral contract defeated the Statute of Frauds . . .
On November 17, 2020, the First Department issued a decision in Diwan v. Grinberg, 2020 NY Slip Op. 06708, affirming a forum non conveniens dismissal . . .
On November 12, 2020, the Second Department issued a decision in Countrywide Home Loans Servicing, L.P. v. Vorobyov, 2020 NY Slip Op. 06492, holding that an affidavit attesting to the content of business records without attaching them was inadmissible hearsay . . .
On November 12, 2020, the Second Department issued a decision in Ehrenreich v. Israel, 2020 NY Slip Op. 06499, holding that a settlement agreement requiring the sale of real property was unenforceable under the Statute of Frauds . . .
On November 12, 2020, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Brown, 2020 NY Slip Op. 06576, holding that a court erred by sua sponte dismissing an action for failure to prosecute . . .
On November 12, 2020, the First Department issued a decision in McGowan v. Clarion Partners, LLC, 2020 NY Slip Op. 06456, holding that a term sheet was not a binding agreement because it was contingent on later, formal documentation . . .