In Bardy v. Bonnem, Index No. 55909/2023, Justice Linda S. Jamieson of the Westchester County Commercial Division issued a detailed decision addressing contract formation, fiduciary duties, and quasi-contract claims in the context of a failed business venture.
Background
The case arose out of an alleged oral agreement between plaintiff Jack Bardy, an experienced hospitality
Westchester Commercial Division Justice Linda S. Jamieson issued a detailed Decision and Order in Camsan Inc. v. OPRA III LLC, Index No. 64814/2022 (and related actions), addressing multiple motions involving mechanic’s liens filed against a large residential construction project in Rye. The decision clarifies the application of New York’s Lien Law in the context
In Pantelis P. Mestousis et al. v. Michael Saccente, Justice Gretchen Walsh of the Westchester Commercial Division denied dueling motions for summary judgment in a sprawling dispute over a failed multimillion-dollar quarry acquisition and an alleged $70,000 personal loan. The decision highlights the court’s rigorous application of summary judgment standards, particularly in the context
In Michael Cushner, M.D. v. Summit Health Management LLC, Index No. 65930/2024, Justice Gretchen Walsh of the Westchester Commercial Division issued a detailed Decision and Order addressing a motion to dismiss by defendants Summit Health, VillageMD, and City Medical. Dr. Cushner—a former orthopedic surgeon at WestMed—claims he is owed millions under his employment and
Business litigation often involves both contract and tort claims. A fraud or negligence claim that is deemed “duplicative” of a breach of contract claim, however, will be dismissed. When is that the case? The Westchester Commercial Division and the Appellate Division, Second Department recently answered this question in Oceanview Associates, LLC v. HLS Builders Corp.,
A recent decision by Westchester Commercial Division Justice Gretchen Walsh demonstrates how even a non-party subpoena from an arbitrator can quickly and irrevocably lead to party status and considerable liability if you fail to respond. The case, In re Sivanesan v. YBF LLC et al., Index. No. 67996/2018, showed that parties who believe
Although contracts are to be construed in accordance with the parties’ intent, in New York, it is firmly established that the best evidence of what parties intend is what they say in writing. This rule is applied with special force when the agreement is negotiated at arm’s length or by sophisticated business people. Sometimes, parties
We’ve previously written about how judges in the Westchester Commercial Division will dismiss cases in which the contract at issue contains a forum selection clause requiring the parties to resolve their dispute elsewhere. On September 10, 2019, Justice Linda Jamieson issued another decision doing just that.
Satin v. 1-800 NY Bulbs Limited, Index No.
![broken-agreement[1]](https://www.westchestercomdiv.com/wp-content/uploads/sites/638/2019/10/broken-agreement1.jpg)
Sometimes, companies want employees to think like owners, and for good reason. With a vested interest in their work and the team’s success, employees are more motivated to perform at the highest level. They also focus on what’s best for the business rather than just themselves. But firing an employee with “skin in the game”
Ordinarily in real estate sales, the seller’s pre-closing representations do not survive the closing unless the contract expressly states that they do. The situation is different, however, when the seller has made a pre-closing representation about a then-existing fact, like whether the tenants are current in rent. That was the state of facts alleged by
