Contract Interpretation Cases
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Contract Interpretation

New YorkBreach of ContractCivil ProcedureContract Interpretation
Appellate Division, First Department
Uncategorized

Newmark Partners, L.P. v. Singer — First Dept. Affirms $3M CPLR 3213 Judgment Where Settlement Agreement Self-Identified as Instrument for Payment of Money Only

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The First Department affirmed a $3 million summary judgment in lieu of complaint, holding that a Rescission and Settlement Agreement that defendants contractually designated as “an Agreement for the payment of money only” qualified for CPLR 3213 treatment and that a Delaware non-reliance clause barred defendants’ fraudulent inducement defense.

New YorkBreach of ContractContract InterpretationSecurities
Appellate Division, First Department
Uncategorized

Leinhardt v. Socure — Fraud Claims Barred by Release; Sophisticated Plaintiff Cannot Invoke Peculiar-Knowledge Exception

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The Appellate Division, First Department, reverses and dismisses fraud claims by a former Socure shareholder, holding that broad releases he signed — as a sophisticated attorney who knowingly proceeded without full information — bar the claims as a matter of law and defeat reasonable reliance; defendants awarded attorneys’ fees.

New YorkBreach of ContractBusiness LawCivil Procedure
Appellate Division, First Department
Uncategorized

Napolitano v. Bounce 21 — ABC Law § 126 Violation Does Not Void Consulting Agreement Under Illegality Doctrine

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First Department reinstates a consultant’s claims against a sports bar, holding that ABC Law § 126(1) — a malum prohibitum regulation — does not automatically void a profit-sharing consulting agreement under New York’s illegality doctrine absent evidence the contract required an illegal act to be performed.

New YorkBreach of Contractcommercial-leaseContract Interpretation
Appellate Division, First Department
Uncategorized

501 Fifth Avenue Co. v. Frawley — Asset Purchase Agreement Did Not Transfer Real Property Lease, Buyer Not Liable for Rent

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First Department affirms summary judgment for business buyers, holding that an asset purchase agreement covering ‘leases of personal property and equipment’ did not assume the former tenant’s commercial real estate lease, which required an express assumption under New York contract interpretation principles.

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