The Fourth Department held that a cemetery policy endorsement was ambiguous on coverage for standalone mental anguish, allowing the coverage action to continue.
The Fourth Department upheld a receivables-purchase claim against the merchant but vacated judgment against its owner because the limited guaranty was not proved.
A cannabis dispensary tenant blocked from opening by a condemned building wins partial summary judgment on breach of contract against the landlord, while claims for corporate veil piercing, good-faith breach, and unjust enrichment are denied.
The Fourth Department affirms that a merchant cash advance structured as a revenue purchase agreement is not a usurious loan under New York law, applying the three-factor test of reconciliation provisions, finite term, and bankruptcy recourse.
The Fourth Department held that a standard commercial lease attorney’s fees clause does not authorize “fees on fees” — recovery of fees incurred to collect a prior attorney’s fee award — absent unmistakably clear contractual language, and further held that failure to object to a referee’s denial of CPLR 5001 prejudgment interest waives that argument on appeal.
The Fourth Department reversed summary judgment for property-owner defendants and reinstated a real estate broker’s commission claim, finding that post-expiration text messages discussing incoming offers created a triable issue whether the parties formed an implied-in-fact contract for brokerage services.