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October 25, 2024
Motion To Dismiss Quantum Meruit And Unjust Enrichment Claims Denied As To Corporation, Granted As To Its Principal
On August 23, 2024, Justice Nancy M. Bannon granted in part and denied in part a borrower’s motion to dismiss claims by a real estate capital advisory firm seeking compensation for its work in negotiating the restricting of a loan. The case is Lotus Capital Partners, LLC v.. SB Yen's Management Group, Inc., Index No. 652299/2023. Read More
April 10, 2024
Court Dismisses Complaint Based on Statute of Frauds
On March 7, 2024, Justice Andrew Borrok of the New York County Commercial Division issued a decision in UNO A Brokerage Inc v. Inshur, Inc., 2024 NY Slip Op 30733(U), granting Defendant’s motion to dismiss Plaintiff’s claims, including Plaintiff’s claim for breach of contract based on a provision of New York’s statute of frauds, General Obligations Law § 5-701(a)(10). The Court explained in relevant part: Read More
January 5, 2024
Statute of Frauds Does Not Preclude Claim Regarding Contract Signed By One Party But Not The Other
In a Decision and Order, dated November 21, 2023, in Bissell Street I, LLC v. Westbrook Partners, LLC, Index No. 654223/2022, Justice Joel M. Cohen denied, in part, defendants’ motion to dismiss in a dispute that concerned, inter alia, the validity and enforceability of certain agreements that were signed by one party but not the other. As to the statute of frauds, the Court explained: Read More