The Third DCA affirmed the award of contractual attorney’s fees to a prevailing counterclaimant under section 57.105(7)’s reciprocity provision, including fees for defending against a prejudgment writ of garnishment, but reversed the application of a 1.5 contingency risk multiplier as unsupported by competent substantial evidence.
The Fourth DCA affirmed the trial court’s refusal to pierce the corporate veil to hold a horse trainer personally liable for her LLC’s breach of a settlement agreement, finding that careless use of corporate names and occasional commingling of funds did not constitute the fraudulent or improper conduct required under Dania Jai-Alai Palace.
The Fourth DCA held that a proposal for settlement served under section 768.79 was ineffective where the parties’ contract contained a New York choice-of-law provision that had not yet been waived at the time the proposal was served, even though the offeree later waived the provision.
The Second Department partially reinstated claims against merchant cash advance defendants, finding allegations of duress sufficient to challenge a release and sustain abuse of process and Judiciary Law § 487 claims.
The Second Department affirmed dismissal of a breach of contract claim, holding that Real Property Law § 442-d bars an unlicensed party from recovering fees for services facilitating a property sale.
The Second Department affirmed dismissal of a breach of contract claim based on an oral loan agreement, finding no meeting of the minds as to material terms.
Appellate Division affirms dismissal of breach of contract and declaratory judgment claims, finding contingent payment provision in purchase agreement was properly reduced to zero under clear contractual terms.
Appellate Division affirms denial of motion to vacate default, finding defendant’s failure to maintain contact with his attorney and reliance on codefendants was not a reasonable excuse.
Appellate Division affirms denial of leave to amend answer to add counterclaims barred by settlement agreement’s integration clause in lease dispute involving Gowanus Canal EPA remediation.
Appellate Division reverses denial of summary judgment, holding that condominium indemnification provisions do not unequivocally cover intraparty disputes between board and board member.