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Before addressing how you prove a negligent misrepresentation claim, we first have to define what it is – and what it isn’t.
Unlike its cousin, the fraud claim, negligent misrepresentation does not require a showing of malicious intent or recklessness by the defendant; rather, it requires that the plaintiff prove the following by a preponderance of [...]
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 [...]
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 [...]
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 [...]
It seems to me that many people are under the impression that your hands are completely tied, and you have no immediate recourse to the New York State courts if your former employer breaches your severance agreement. While in many cases, e.g., where the severance plan is governed by ERISA (in which case a common [...]
Barring an enforceable liquidated damages and/or limited liability contract provision, the rule is that you can recover your lost profits in a breach of contract case in New York. That’s the good news.
But here’s the bad news: since demonstrating that you actually lost profits based upon the other side’s conduct – and if so, how [...]
In a June 15 decision in Callisto Pharm. Inc. v. Picker, New York’s Appellate Division, First Department affirmed the trial court’s ruling that dismissed the plaintiff’s claims that its employee was secretly negotiating with their business partner, and therefore liable in breach of contract, fraud and breach of fiduciary duty. In addition, the plaintiff claimed [...]
Although you might think that the answer to this question is really simple – it’s when both sides have a fully signed agreement – you’d be terribly mistaken.
So, here’s the rule, as recently summarized by a New York County trial court:
“The requirements for formation of an enforceable contract are:
(1) at least two parties with [...]
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 [...]
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 [...]
The Small Business
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