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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 [...]
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 [...]
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 [...]
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”) [...]
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 [...]
Many small businesses’ recurring nightmare, particularly in this economy, looks something like this:
Debtor D (we’ll call him “D,” for short) owes you tens of thousands of dollars for product that you delivered months ago. When you inquire as to what the delay is in receiving payment, you get a run-around, and ultimately find out that [...]
In Candela v. Banco Industrial de Venezuela C.A., the New York County trial court’s decision to dismiss a breach of contract and wrongful termination claim by a bank employee serves a clear warning to at-will employees everywhere: know your rights and what you must do to protect them before you are fired. Conversely, the decision [...]
It is truly a shame when the mistakes we make on the basis of trust come back to haunt us in such a personal and economical way.
But assuming the truth of the allegations in his complaint, that’s exactly what happened to Richard Snyder, who claims that he and the defendant (who was an acquaintance) had [...]
In light of my previous columns (see, e.g., Piercing the Corporate Veil – Critical Facts That You Will Need to Prove Your Case and, from earlier today, No Personal Liability For Corporate Fraud, Court Holds) setting forth some of the difficulties in piercing the corporate veil, here’s a “hot-off-the-presses” decision from a Federal judge in [...]
Can the president of a small company be held personally liable for the company’s issuance of dishonored checks? Not unless the plaintiff can prove that this individual officer was personally involved in the checks’ issuance, said a New York Federal Judge.
In Interstate Foods, Inc. v. Lehmann, a decision that was recently published in the New [...]
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