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Liability Insurer Must Pay Its Insured’s Legal Fees, NY County Court Holds

In Cooper Square Associates LP v.  Atlantic Mut. Ins. Co., a decision that was handed down by a New York County trial court on February 9 (and reported in tomorrow’s edition of the New York Law Journal), the plaintiff-landlord contended that since they were named on their tenant’s insurance policy as an additional insured, [...]

Posted Under: Breach of contract, disclaimer, insurance contract
This post was written by Jonathan Cooper on February 25, 2010 Comments (0)

Family Feud Leads to Breach of Contract, Fraud and Constructive Trust Claim in Suffolk County

It is a very sad day when you can’t trust your own brother.
According to the plaintiff in the Suffolk County case of Kimelstein v. Kimelstein, he was wrongfully frozen out of his 50% interest in a property that he and brother had acquired jointly through a non-party corporation.  More specifically, he contends that pursuant to [...]

When Just A Website Can Render You Subject To A New York Court’s Jurisdiction

As we wrote nearly one year ago in “E-mail Mistakes That Can Cost Your Small Business in Court,” there is no such thing as an innocuous e-mail. Not anymore.
In Grimaldi v. Guinn, the plaintiff sued the Pennsylvania-based defendants for breach of contract, business fraud, and under New York’s deceptive advertising statute, General Business Law § [...]

Posted Under: Breach of contract, business fraud, commercial litigation, consumer fraud
This post was written by Jonathan Cooper on February 14, 2010 Comments (0)

The Practical Difference Between A Development Contract and a Sales Contract Under NY Law

Although, as the title of this article suggests, some things should be fairly obvious, when enough money is at stake, people will still try to throw stuff at the wall to see if any of it will stick.
In a case that they brought in Federal Court in Upstate New York, Opto Generic Devices Inc. (“OGD”) [...]

One Reason Why, Under NY Law, You May Want To Hire A General Contractor Rather Than A Construction Manager

In a negligence case that I recently defended, my client, a real estate developer, opted to hire a construction manager rather than a general contractor to oversee the development of this New York City building. Apparently, one of the main distinctions between a general contractor and a construction manager is the level of responsibility they [...]

Posted Under: breach of contract new york, business litigation new york
This post was written by Jonathan Cooper on February 8, 2010 Comments (0)

At-Will Employees’ Breach of Oral Contract Claim For Unpaid Bonuses Survives Dismissal in NY County Case

If an at-will employee resigns before they are paid their commissions, they forfeit their right to collect them, right?
Absolutely not, held a New York County trial court.
In Nichols v. SG Partners, Inc., the plaintiffs were employed by defendant as placement professionals, earning both a base salary as well as a percentage of defendant’s revenues generated [...]

The Cost of Failing to Reduce Your Agreements to Writing in New York

I have to believe that the executives at the plaintiff on-line news company are kicking themselves.
In Al-Bawaba.com, Inc. v. Nstein Tech. Corp., a decision that was discussed in last week’s New York Law Journal, a Kings trial court dismissed their lawsuit against a software company that sought more than $1 million in damages for the [...]

Posted Under: Breach of contract, commercial litigation, specific performance, statute of frauds
This post was written by Jonathan Cooper on February 1, 2010 Comments (0)