How Some Important Exceptions to NY’s Statute of Frauds Can Sustain a Breach of Contract Action

In a Westchester County case that was reported upon in today’s New York Law Journal,  HP Hood, LLC v. Diamond D Realty, Inc., the plaintiff sought to recover over $1.5 million owed by the defendant for dairy products (in legalese, “goods”) that were supplied – but not paid for – from January through December of [...]

Using Its “Head,” NY Court Finds that Port-A-Head is Necessary At Worksite

Sometimes you have to take a step back to appreciate the arguments that are advanced by attorneys. And sometimes those arguments just make you laugh.
In Eversfield v. Brush Hollow Realty, the plaintiff was injured in a construction site accident that was caused by the improper placement of a portable toilet at the work site. The [...]

One Way That Employees Can Forfeit Their Severance Under New York Law

I’ve spoken with many people who, when confronted with the possibilities of starting their own business, hesitate – and not a small bit – because of their fear that they will forfeit their severance package from their current employer. Stated in slightly different fashion, they are concerned that any effort they expend to start a [...]

How Damages for the Breach of an Employment Contract Are Calculated Under NY Law

If you read my previous blog post, “How a Demotion Can Be Deemed a Breach of Employment Agreement Under NY Law,” you are probably wondering (or should be) the following: let’s assume a fact finder (i.e., whether a judge or jury) finds that my employer breached my employment agreement. What damages can I reasonably expect [...]

How a Demotion Can Be Deemed a Breach of Employment Agreement Under NY Law

Consider the following hypothetical scenario: Jim is hired by ABC Stores as Executive VP of Sales and Marketing. His 3-year employment contract states that all managers at ABC’s stores are required to coordinate their in-store marketing efforts through him, including securing his approval of all vendors.
Six months later, ABC brings in its CFO’s son Peter [...]

Why It’s So Hard to Prove the Breach of an ERISA Severance Plan In NY

As noted in our earlier blog post, “How to Win the Breach of a Severance Agreement Case in New York,” although an employee may, as a general rule, bring a common law (i.e., non-statutory) breach of contract claim based upon the failure of an employer to live up to their end of the deal of [...]

When NY Employers Condition Receipt of Post-Employment Benefits on a Non-Compete

As you may be aware, it has become increasingly common for employers to condition their employees’ receipt of post-employment benefits upon the employees’ agreement to abide by a strict non-compete clause.  So here’s the question (which, unfortunately, occurs altogether too frequently): what if the non-compete is unreasonably and unduly restrictive (i.e., prevents you from [...]

When NY Courts Will Uphold Non-Compete Clauses – No Matter How Unreasonable

There is an extremely important exception to the New York Courts’ express disfavor for non-compete agreements: the employee choice doctrine.
Under this exception to the rule, the employer is permitted to make the employee’s right to receive post-employment benefits contingent upon the employee’s agreement to abide by a non-compete agreement. The reason that this practice is [...]

How Disclaimers in a Contract Can Defeat a Breach of Implied Warranty Claim Under NY Law

I was recently confronted with an interesting question: an old acquaintance of mine paid for an exclusive license to market and sell a certain technology that was patented.
There was one “small” problem, however: the technology didn’t work.
So, you would think that my acquaintance should have no problem recovering his downpayment for the exclusive license fee [...]

How New York Courts Determine Whether an Arbitration Clause is Enforceable

When your contract has been breached, your first reaction might very well be to bring a lawsuit in State or Federal Court. But that course of action may not be available, particularly if your written contract contains a clause mandating that all disputes be resolved by arbitration.
So, you ask, under what circumstances are those clauses [...]