The Second Department enforced redline deletions from a construction indemnity clause, excluding purely economic losses while leaving consequential security costs for trial.
Applying California law in a New York action, the Second Department preserved an employee’s contract counterclaim but dismissed a duplicative implied-covenant claim that conflicted with at-will terms.
The Second Department held that a home builder plausibly alleged that the parties’ course of conduct modified written change-order requirements, preserving its lien and contract claims.
The Second Department entered judgment on a $300,000 construction loan because the signer never disclosed that he purportedly acted for the property-owning LLC.
The Second Department upheld rescission of homeowner policies where the application described a one-family home but the property contained three separate dwelling units.
The Second Department held that a school district could not recast an architect’s alleged contractual nonperformance as negligence or fraud, and could not pursue punitive damages without an independent tort.
The Second Department held that Town Law § 65(3)’s six-month verified-claim requirement barred a union suit seeking both damages and equitable relief under a collective bargaining agreement.
The Second Department affirmed denial of specific performance and limited a prospective Popeyes franchisee to nominal damages because possession and lost profits were not proven.
The Second Department allowed a subcontractor’s direct contract claims to continue but dismissed unjust-enrichment, third-party-beneficiary, and General Municipal Law theories.
The Second Department enforced a $2.4 million settlement and held that three merchant agreements were purchases of future receivables rather than criminally usurious loans.
The Second Department permanently stayed arbitration against a demolition subcontractor whose contract required mediation followed by litigation and contained a void unilateral arbitration option.
The Second Department preserved fraud claims over merchant-cash-advance withdrawals but vacated an injunction because the borrower lacked evidence of likely success and irreparable harm.
The Second Department held that an arbitration clause covering ‘legal claims’ did not reach quantum-meruit and constructive-fraud claims.
The Second Department enforced an 85% retiree health contribution after the employee left for another district because the contract imposed no direct-retirement or durational condition.
The Second Department preserved IBM’s $500,000 trademark claim but reopened a $4 million battery-technology claim because IBM had not conclusively proved performance.
The Second Department enforced a public-construction clause requiring a contractor to perform disputed corrective work first and pursue extra compensation afterward.
The Second Department dismissed constructive-trust and duplicative claims where the complaint alleged no fiduciary relationship or reliance transfer involving the affiliate that received disputed contract funds.
The Second Department held an architect’s broad claim waiver void as against public policy while affirming dismissal of fraud allegations that duplicated the parties’ contract dispute.
The Second Department held that CPLR 3220’s post-offer “expenses” include attorney fees and affirmed an $11,473 award after the plaintiff recovered less than the defendant’s contract-damages offer.
Second Department affirms dismissal of multiple contract claims by adult care facility operator against village: lease assignment in 2012 stripped plaintiffs of standing to sue for breach of lease and its amendments, and those claims were time-barred in any event.
Second Department affirms $1.46 million bench trial judgment for contractor: project owner caused the delays, liquidated damages clause was unenforceable, and contractor properly foreclosed mechanic’s lien.
In companion decisions on cross-appeals, the Appellate Division, Second Department holds that the release clause in a construction subcontract liquidating agreement is ambiguous as to whether it bars claims arising from the joint venture’s post-execution settlement with the City of New York—leaving the scope of the release and the parties’ cooperation obligations for trial.
The Appellate Division, Second Department partially reverses dismissal of a homeowner’s claims against a fire-damage contractor who deposited a two-party insurance check without the homeowner’s endorsement, holding the conversion and unjust enrichment claims against the corporation survive the contractor’s authorization form defense.
The Appellate Division, Second Department affirms confirmation of a $1.09 million FAA arbitration award in favor of a concrete subcontractor wrongfully terminated during the COVID-19 construction shutdown, rejecting the general contractor’s argument that the panel’s ruling manifestly disregarded the law.