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 [...]

How to Prove a Breach of Contract Case in New York

Although the range of different types of contracts is quite vast, a common thread unites them: the basic elements of a contract, and what you need to prove in the event that the contract is breached.

In general terms, in order to establish a breach of contract claim under New York law, a plaintiff must [...]

How Much Writing is Enough to Qualify as a “Written Agreement” Under NY Law?

Not terribly much, according to a recent decision from a Queens County trial court.
In Phone Card America, Inc. v. Quality Discount Equipment Sellers, LLC, the defendant sold plaintiff a specialized printing press for the express purpose of printing phone cards. Unfortunately, despite plaintiff’s numerous efforts to have the press’s problems  both diagnosed and repaired, they [...]

How to Prove a “Finder’s Fee” Case Under New York Law

I admit it.
I enjoy it when the law works the way it should, and sticks it to a defendant that reneges on his word, and breaches his contract wherein he agreed to pay the plaintiff a percentage of his profit on the purchase and sale of a property.
And that is exactly what happened in Futersak [...]

Professor’s Breach of Oral Contract Claim Dismissed By NY Federal Court

When you read about a New York breach of employment contract case against a large institution that, if valid, would yield a significant amount of damages, yet the plaintiff is proceeding pro se, i.e., without an attorney, there is probably a very good reason for that. And Kant v. Columbia University, a case that was [...]

NY Court Holds Seller Entitled To Keep Downpayment As Damages For Purchasers Breach of Real Estate Contract

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 [...]

Family Feud Leads to Breach of Contract, Fraud and Constructive Trust Claim in Suffolk County

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 [...]

The Practical Difference Between A Development Contract and a Sales Contract Under NY Law

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”) [...]

At-Will Employees’ Breach of Oral Contract Claim For Unpaid Bonuses Survives Dismissal in NY County Case

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 [...]

The Cost of Failing to Reduce Your Agreements to Writing in New York

I have to believe that the executives at the plaintiff on-line news company are kicking themselves.
In Al-Bawaba.com, Inc. v. Nstein Tech. Corp., a decision that was discussed in last week’s New York Law Journal, a Kings trial court dismissed their lawsuit against a software company that sought more than $1 million in damages for the [...]