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NY Court Dismisses Sony Music’s Frivolous Breach of Contract Claim

This has to be one of the more absurd cases I’ve seen in quite a while.
In February, 2009, Sony entered into a letter agreement with Ronn Werre, EMI Music’s  Chief Operating Officer, stating that Mr. Werre would join  Sony’s commercial music group on April 1, 2010 in the role as president (his employment agreement [...]

In Breach of Contract Case, NY Court Upholds Piercing the Corporate Veil Claim

In Geneva Capital Corp. v. American Lending Services, LLC, a decision that was reported in last week’s New York Law Journal, a New York County trial judge acted in Solomonic fashion: she dismissed some of the claims, while letting stand other claims, including the plaintiff’s claim seeking to hold the individual defendant personally liable for [...]

What You Can Do Under NY Law if You Don’t Have a Valid Contract

After months of long back-and-forth discussions and e-mails, you’re promised a great new job, but it’s out of town. You leave your current dead-end job, sell your house and move, hopeful that you can make a fresh start. But when you finally arrive at your new job, you learn that there’s one “small” problem: they’ve [...]

If You Falsely Claim Power to Bind Someone to a NY Contract, You May Be Held Personally Liable

In DePetris & Bachrach, LLP v. Srour, et al., a decision in a business litigation and breach of contract case that was just handed down from New York’s Appellate Division, First Department (which covers both New York and Bronx Counties), the Court had occasion to set forth the law with respect to two related doctrines: [...]

Posted Under: breach of contract new york, business litigation new york
This post was written by Jonathan Cooper on March 21, 2010 Comments (0)

Professor’s Breach of Oral Contract Claim Dismissed By NY Federal Court

When you read about a New York breach of employment contract case against a large institution that, if valid, would yield a significant amount of damages, yet the plaintiff is proceeding pro se, i.e., without an attorney, there is probably a very good reason for that. And Kant v. Columbia University, a case that was [...]

Oral Agreement For Real Estate Not Enforceable, Brooklyn Court Holds

Reading this decision, I can’t help but wonder what the plaintiff or his attorney were thinking when they brought this breach of oral agreement and breach of fiduciary duty lawsuit.
In Malaty v. Malaty, the plaintiff Naguib Malaty sued his brother to compel the turnover of the defendant’s interest in a Brooklyn property that was supposedly [...]

NY Court Holds Seller Entitled To Keep Downpayment As Damages For Purchasers Breach of Real Estate Contract

Sometimes the obvious still bears emphasis, even in the real estate litigation context.
If your ability to purchase a property hinges upon which your ability to get needed financing (which is often the case), you’d better make sure that this is memorialized in the contract. Otherwise, you could end up like the defendant in Abart Holdings [...]

Commission Salesman Not Entitled to Recover Statutory Damages, Attorney’s Fees on Breach of Contract Claim, NY Court Holds

In today’s edition of the New York Law Journal, there was an interesting decision from a New York County trial court in a breach of contract case, Garber v. Inter Capital Resources LLC. In this case, the plaintiff was a commission salesman who sought to recover the commissions that he purportedly earned – but was [...]

No Closing, No Broker’s Fee, Says Manhattan Court

Nice try, but no cigar, said a New York trial court.
In 101 Warren Street Associates LLV v. Prestige Homes Realty, LLC, the defendant real estate broker brought a prospective buyer for the plaintiff’s multi-million dollar residential condominium apartment, which at the time was still in the offering plan stages. According to the terms of the [...]

Posted Under: Breach of contract, breach of fiduciary duty, commercial litigation
This post was written by Jonathan Cooper on March 1, 2010 Comments (0)