Category: Contracts

Consumer Alleges Deceit; Court Rules that Reasonable Consumers Account for the Ice

–by Erin Shea Source: Galanis v. Starbucks Corporation, No. 16-C-4705, 2016 WL 6037962 (N.D. Ill. 2016) (all internal citations omitted). Abstract:  The Northern District of Illinois concluded that a reasonable customer understands the term “fluid ounces” to indicate the volume

Posted in Commercial Transactions, Contracts, Legal Pulse

Survey: 2015 Contract Law

Survey of New York Contract law for 2014–2015. View Full PDF Mr. Aaron is a Partner with Arnold & Porter LLp; J.D., Syracuse University College of Law; B.S., Cornell University. Ms. Caterina is an Associate with Arnold & Porter LLP;

Posted in Contracts, Survey of New York Law

NY Court of Appeals Grants Summary Judgment in Joint Venture Dispute

—by Shannon Crane Littleton Constr. Ltd. v. Huber Constr., Inc., No. 96, 2016 N.Y. LEXIS 1688 (June 14, 2016). *** In Littleton Construction Ltd. v. Huber Construction, Inc, plaintiff commenced a proceeding against defendants Huber Construction, Inc. (“Huber”) and Littleton/Huber

Posted in Business Associations, Contracts, Legal Pulse

To Challenge Governmental Action in Land Use Matters, No Need for Unique Injury

— by Moira Ferguson Source: In re Sierra Club v. Village of Painted Post, No. 151 (N.Y. Nov. 19, 2015) Abstract: To have standing to challenge governmental action in land use matters, a party must show it would suffer a

Posted in Civil Practice, Contracts, Environmental Law, Legal Pulse

Capretto v. City of Buffalo

This appeal arises from an action in which plaintiff sought damages for injuries she sustained when she tripped and fell as a result of broken concrete located in the driveway portion of a sidewalk. The issue on appeal is which

Posted in Appellate Division, 4th Judicial Department, Article Archive, Contracts, Court Watch, Tort Law

In re JP Morgan Chase Bank, N.A.

This appeal addresses a motion to dismiss based on a breach of fiduciary duty claim. In 1983, Lucy Gair Gill’s will established a trust for the benefit of her daughter, Mary Gill Roby and her grandchildren and great-grandchildren. The trust

Posted in Appellate Division, 4th Judicial Department, Article Archive, Contracts, Court Watch, Trusts and Estates

Nesmith v. Allstate

In this case, the Court of Appeals interpreted a “noncumulation clause” where members of different families were successively exposed to lead paint in the same apartment. Just as the Court similarly found in Hiraldo v. Allstate Ins. Co., the Court

Posted in Article Archive, Contracts, Court Watch, New York Court of Appeals, Tort Law

Kimso v Ghandi

This appeal addresses a party’s ability to amend a pleading following trial and the full presentation of proof by both parties. Counterclaim plaintiff, Mahesh Gandhi and his two associates formed and held equal one-third interests in three corporations. The corporations

Posted in Article Archive, Business Associations, Civil Practice, Contracts, Court Watch, New York Court of Appeals, Real Property

Town of Amherst v. Weiss

This appeal addresses the tolling of the statute of limitations in a legal malpractice action under the continuous representation doctrine. This appeal also considers whether an attorney who was hired by the Defendant-attorney to assist in the matter leading to

Posted in Appellate Division, 4th Judicial Department, Article Archive, Contracts, Court Watch, Professional Responsibility

Val Tech Holdings, Inc. v. Wilson Manifolds, Inc.

This appeal addresses damages recoverable under a cross claim for breach of contract. The plaintiff, Val Tech Holdings, contracted with the defendant, Wilson Manifolds, to fabricate plastic injection molds for the production of specialty intake manifold parts to be sold

Posted in Commercial Transactions, Contracts