The Third Department enforced a public contract’s anti-assignment clause and held that an individual lacked proof of corporate authority to acquire or prosecute the contractor’s claims.
The Third Department held that GM’s compelled receipt of accessories during a Lemon Law buyback did not state unjust enrichment and excused the manufacturer’s brief filing delay.
The Third Department enforced a broad release after a company was resold one month later for more than three times its purchase price, holding that the plaintiffs never became shareholders and could not show justifiable reliance.
The Appellate Division held that an electrical contractor who signed a final payment release using ‘any and all claims and demands’ language was barred from pursuing a $140,000 retainer-fee claim — even though the project lacked a formal written contract.