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Although they sound an awful lot alike, the difference between an Order dismissing a case and an Order granting summary judgment is quite significant under New York law. An October 19 decision from Justice Carolyn Demarest of Brooklyn in a breach of contract and tortious interference case provides an excellent illustration of this principle. In [...]
In the breach of contract context, one of the most common – and potent – defenses to these cases is that the agreement was never reduced to writing, and therefore barred by New York’s Statute of Frauds. There is a narrow, but important exception to this rule: when the contract is terminable at will, or, [...]
Contrary to popular belief, the failure to obtain a fully signed (or, in legal terms, “executed”) agreement is not fatal to a breach of contract claim. That’s not to say it isn’t far better to have a fully executed agreement; it’s just that it doesn’t automatically mean you don’t have a valid, enforceable agreement either. [...]
I get asked this question an awful lot: “Well, we didn’t have a formal written agreement; all we have is a few back-and-forth e-mails, so I guess that means I have no case for breach of contract, right?” As a recent case from New York’s Appellate Division, First Department held, the answer is no; that [...]
3 Reasons Why
Your Employment Agreement
May be Worthless
NY Breach of Contract Guide:
When You Don't Have a
Written Agreement
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