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New York Commercial Division Case Compendium A Searchable Database of Court Decisions Issued by New York’s Commercial Division

Category Archives: Breach of Contract

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Statute of Frauds is Not a Bar to Russian Oligarch’s Claims Against Fellow Russian Billionaire Investors Over Breach of Joint Venture Agreement

Posted in Arbitration, Breach of Contract, Breach of Fiduciary Duty, Fraud, Motion to Dismiss, New York, Preliminary Injunction, Scarpulla, Saliann, Statute of Limitations

In a December 2, 2015 Commercial Division decision by Justice Scarpulla, the court consolidated and decided the defendants’ motion to dismiss the amended complaint and the plaintiff’s motion seeking a preliminary injunction to restrain the defendants from pursuing arbitration in London and from commencing any other foreign proceeding.

Buyer Comes Up Short in Breach of Contract Action, Where Short Sale Approval by Mortgagee Was Condition Precedent to Sale of Property

Posted in Attorneys' Fees, Banking, Breach of Contract, Demarest, Carolyn E., Kings, Motion to Dismiss, Real estate

In a December 3, 2015 Commercial Division decision by Justice Demarest, the court dismissed a complaint in its entirety that alleged a breach of a contract for the sale of real property, and cancelled the corresponding notice of pendency filed against the subject property by the plaintiffs. 

Court Finds Stock-Option Agreement Unenforceable, and Covenant-Not-to-Compete Unreasonable

Posted in Breach of Contract, Emerson, Elizabeth, Manufacturing, Motion to Dismiss, Pharmaceutical, Preliminary Injunction, Suffolk

In a November 24, 2015, Commercial Division decision by Justice Emerson, the court granted the defendants’ motion to dismiss the plaintiff’s amended complaint, which contained causes of action against the individual defendants for breach of covenants not to compete, tortious interference with contract and unfair competition.

Real Estate Consultant Not a Procuring Cause of Joint-Venture’s Purchase of Assisted-Living Facility Sufficient to Entitle it to Commission or Finder’s Fee

Posted in 2d Dept, Breach of Contract, Real estate, Summary Judgment, Unjust Enrichment

In a decision dated December 2, 2015, the Appellate Division, Second Department affirmed an order from the Nassau County Commercial Division granting defendant-real estate developer’s motion for summary judgment dismissing plaintiff-real estate consultant’s breach-of-contract and quasi-contract action for recovery of a broker’s commission in connection with defendant’s purchase of certain assisted-living facilities.

Court Denies Plaintiff Summary Judgment, Where Clause in Agreement Constituted Waiver of Right to Oppose Developer’s Application for Permits to Build Condominium Units

Posted in 2d Dept, Breach of Contract, Construction, Municipal, Summary Judgment

In an October 28, 2015 decision by the Appellate Division, Second Department, the panel affirmed Justice Elizabeth Emerson’s order denying the plaintiff’s motion for summary judgment on most of its claims, and granting some branches of the defendants’ cross motion for summary judgment dismissing some of the plaintiff’s claims.

Summary Judgment Dismissing Breach of Contract Claim Improper Where Critical Term Related to Enron’s Bankruptcy Estate Was Ambiguous, Requiring Assessment of Parol Evidence

Posted in Breach of Contract, Summary Judgment, Uncategorized

In a decision dated November 17, 2015, the Appellate Division, First department reversed an order from the New York County Commercial Division that granted the plaintiff, Impala Partners’ (“Impala”) motion for partial summary judgment dismissing defendant Borom’s breach of contract counterclaim.

All Causes of Action, Except for One, Survive Defendants’ Motion to Dismiss

Posted in 7th District, Breach of Contract, Financial services, Motion to Dismiss, Order to Show Cause, Preliminary Injunction, Rosenbaum, Matthew A., Tortious Interference with Business Relations, Unjust Enrichment

In a November 6, 2015 Steuben County Supreme Court decision by Justice Rosenbaum, the court denied defendants’ motion to dismiss plaintiff’s claims of tortious interference with contractual relations, tortious interference with business relations, and unfair competition, but granted defendants’ motion to dismiss with respect to plaintiff’s claim of unjust enrichment.

Suit Against Holder of Sole Master License to US Polo Association Apparel Dismissed based on Court’s Sua Sponte Finding that Plaintiff Lacked Standing

Posted in Breach of Contract, Motion to Dismiss, New York, Ramos, Charles E., Retail

In a November 6, 2015 Commercial Division decision by Justice Ramos, the court granted the motion of defendants Jordache Limited, Jordache Enterprises, Inc. and JRA Trademark Co. Ltd., (“JRA”) pursuant to CPLR 3211 (a) (7) and 3016 (b), dismissing the verified complaint of plaintiff H & M Trading Company LLC (“H & M”).

Second Department Reverses Supreme Court’s Denial of Defendants’ Motion to Dismiss, Finding That Plaintiff Failed to Comply With Court Directive

Posted in 2d Dept, Attorneys' Fees, Breach of Contract, Discovery, Motion to Dismiss, Negligence, Summary Judgment

In a decision dated November 12, 2015, the Appellate Division, Second Department reversed an order from the Queens County Supreme Court, which denied the defendants’ motion to dismiss the plaintiff’s complaint.

Renovation Gone Wrong: Appellate Division Affirms Dismissal of Homeowner’s Restitution Claim against Home Improvement Contractor

Posted in 2d Dept, Breach of Contract, Construction, Summary Judgment

In a decision dated June 3, 2015, the Appellate Division, Second Department affirmed an order from the Kings County Commercial Division that denied the portion of the plaintiffs’ cross motion seeking summary judgment on its restitution claim against the defendants/third-party plaintiffs Perfect Renovation, Corp. (“PRC”) and its principal, Nadav Mazor, and granted the defendants’ motion… Continue Reading

Court Uses Equitable Authority to Issue Yellowstone Injunction

Posted in 7th District, Breach of Contract, Breach of Fiduciary Duty, Construction, Preliminary Injunction, Real estate, Rosenbaum, Matthew A.

In an August 13, 2015 Monroe County Supreme Court decision by Justice Rosenbaum, the court granted the plaintiffs’ request for a Yellowstone Injunction based upon alleged lease violations which resulted in the defendants serving the plaintiffs with multiple default notices.

Tortious Interference with Contract Claims Dismissed in Part Because Enforcing Non-Compete Agreements of Disaster Recovery Workers in Aftermath of Hurricane Sandy is Against Public Policy

Posted in Albany, Breach of Contract, Construction, Motion to Dismiss, Platkin, Richard, Tortious Interference with Business Relations

In an October 2, 2015, Commercial Division decision by Justice Platkin, the court ruled on two defendants’ pre-answer motions to dismiss particular causes of action in the Complaint.

Statute of Limitations Begins Tolling at Closing of Pooling and Servicing Agreement in Residential Mortgage Backed Securities Put-Back Action, Despite Different Accrual Provision in Parties’ Private Contract

Posted in Banking, Breach of Contract, Financial services, Kornreich, Shirley Werner, Motion to Dismiss, New York, Statute of Limitations

In a September 18, 2015, Commercial Division decision by Justice Kornreich, the court granted the defendants’ consolidated motions to dismiss a Complaint pursuant to CPLR 3211, based on the defense that Plaintiff’s put-back claims were time barred. 

Negligence and Breach of Contract Claims Related to Superstorm Sandy Property Damage Were Properly Dismissed as against Individual Defendant Acting as an Agent of a Disclosed Principal and Entirely in the Course and Scope of his Employment

Posted in Breach of Contract, Negligence, Summary Judgment

In a decision dated May 27, 2015, the Appellate Division, Second Department affirmed an order from the Nassau County Commercial Division granting the individual defendant’s motion for summary judgment dismissing causes of action sounding in negligence and breach of contract.

Commercial Division Rules Judgment as a Matter of Law Appropriate on Some, But Not All Causes of Action

Posted in Breach of Contract, Estoppel, Legal, Malpractice, Pines, Emily, Statute of Limitations, Suffolk, Tortious Interference with Business Relations, Unjust Enrichment

  In an August 18, 2015 Commercial Division decision by Justice Pines, the court granted in part the defendants’ motion for judgment as a matter of law dismissing various causes of action asserted against them.

Fair Market Value and Financial Analysis Reports Requested and Paid For by Third Party-Sellers, and Not Signed by Defendant, Do Not Give Rise to a Contract or Fiduciary Duty Between Plaintiff-Purchaser and Defendant-Business Appraiser

Posted in 7th District, Breach of Contract, Breach of Fiduciary Duty, Healthcare, Motion to Dismiss, Rosenbaum, Matthew A.

In an August 27, 2015 Commercial Division decision by Justice Rosenbaum, the court granted the defendants’ motion to dismiss the complaint based on the defenses of documentary evidence and failure to state a cause of action.

Owner’s Appeal to Exculpatory Clause In Construction Contract Upheld Despite Contractor’s Invocation of Gross Negligence Exception

Posted in 3d Dept, Breach of Contract, Construction, Negligence, Summary Judgment

In a decision dated July 30, 2015, the Appellate Division, Third Department affirmed an order from the Albany County Commercial Division granting defendant-owner’s motion for summary judgment dismissing plaintiff-contractor’s action for delay damages in connection with the renovation of a state hospital.

An Agent’s Authorized Sale of its Principal’s Property Passes Despite a Collateral Breach of the Agency Agreement

Posted in 4th Dept, Breach of Contract, Financial services, Summary Judgment

In a decision dated May 8, 2015, the Appellate Division, Fourth Department affirmed an order from the Erie County Commercial Division granting the defendant, RAB’s, cross-motion to dismiss the amended complaint and declaring that RAB was the rightful owner of certain consumer accounts receivable.