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Much to my clients’ chagrin (and yes, I get asked this question a lot), the instances where you can actually recover your legal fees expended on a case in New York are very rare. But that doesn’t mean that there aren’t some circumstances where you can get them. As noted in “How You Can Recover [...]
In GoSmile, Inc. v. Levine, a decision that was handed down on December 21, New York’s Appellate Division, First Department (which covers New York and Bronx Counties) was confronted with the following question: “whether a plaintiff is permitted to assert claims for both fraud and breach of contract, where the fraud claim is based upon [...]
No one likes being subpoenaed. No one. And non-party (i.e., you’re not one of the parties named in the case, which means you’re neither a plaintiff nor a defendant) subpoenas that are issued in the context of a business litigation or commercial litigation matter can be quite disruptive because the documents that may be sought [...]
New York’s Appellate Division, First Department’s dismissal of a wrongful termination and breach of contract claim by a securities firm’s compliance officer in a December 21 decision in Sullivan v. Harnisch is troubling. And I say that against a backdrop of a solid understanding and appreciation that most wrongful termination claims in New York are [...]
I get asked this question a fair amount, although it is rare that the person asking the question calls this doctrine by its formal, legal name. (Usually, it is more along the lines of “Didn’t they forfeit their right to complain …”). As you can probably surmise, waiver most often comes up in the context [...]
In case you weren’t aware of it, New York’s Civil Practice Law & Rules, also known as the “CPLR,” list several grounds upon which a complaint can be dismissed from the get-go. One of those grounds is “based upon documentary evidence.” “What does that mean?” you ask. Here’s where the tricky part, because there is [...]
As a corollary to our blog article “When You Can Incur Personal Liability for a Debt in New York,” the question arises as to what New York’s courts will do when a claimant tries to hold a corporate officer personally liable in either breach of contract or fraud. To that end, in a November 18 [...]
In the last year, I’ve been asked a few times whether you can incur personal liability merely by virtue of signing an agreement on behalf of a corporation. Well, you need wonder no more, as a Suffolk County trial court in Cutler v. Collura-Repp has laid out the law on this issue in no uncertain terms: [...]
If I had to summarize what I love about what I do it’s that it affords me the opportunity to help people who’ve been legitimately wronged, and to earn a living while doing it. And in order to help some people who contact my office, I try to come up with creative billing solutions to [...]
While it is true that, generally speaking, you can’t recover in fraud or negligence against someone unless you actually have an agreement with them (or in legal terms, are “in privity”), there is a narrow – but important – exception to this rule. And that is when the relationship is close enough that they’re no [...]
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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Law Offices of
Jonathan M. Cooper
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Cedarhurst, NY 11516
Phone: 516.791.5700
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