Commercial Case Notes

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On April 4, 2024, the First Department issued a decision in 1650 Broadway Assoc., Inc. v Sturm, 2024 NY Slip Op. 01864, holding that an accounting malpractice claim based on a failure to discover a client’s fraud was not defeated by the fact that the accountant was not engaged to perform an audit, explaining:

On April 4, 2024, the First Department issued a decision in Georgetown Co., LLC v. IAC/Interactive Corp., 2024 NY Slip Op. 01870, holding that when there is a dispute over the existence of a contract, a plaintiff may please both contract and quasi-contract claims, explaining:

The court also correctly decided that plaintiffs can proceed,

On March 5, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in NY Cardio Care PLLC v. Salman, 2024 NY Slip Op. 30850(U), holding that claims based on an alleged oral partnership agreement were barred by a no written modifications clause in an employment agreement, explaining:

The defendant argues that