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If You Have a Written Contract, You Can’t Pursue Unjust Enrichment Claim, Says NY Court

Although, in the legal world, you can generally pursue different theories – even if they are inherently at odds with each other – to try and recover your losses, there are some exceptions to that rule. And the realm of breach of contract – at least in New York – is precisely one circumstances. You [...]

Oral Agreement For Real Estate Not Enforceable, Brooklyn Court Holds

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 [...]

Commission Salesman Not Entitled to Recover Statutory Damages, Attorney’s Fees on Breach of Contract Claim, NY Court Holds

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 [...]

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 [...]

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 [...]

How An Improperly Drafted Employment Contract Allowed Employee’s Claim To Collect Post-Termination Commissions To Survive Dismissal in New York

In a hot-off-the-presses decision that was handed down this past Thursday, and is scheduled to appear in Tuesday’s New York Law Journal, New York’s Appellate Division, First Department (which covers New York and Bronx Counties) reversed that portion of a trial court’s decision that dismissed a former at-will employee’s claims under Labor Law §§191 and [...]

Posted Under: Breach of contract, at-will, commercial litigation, unjust enrichment
This post was written by Jonathan Cooper on January 17, 2010 Comments (0)

How One New York Small Business’s Failure to Get A Written Agreement Cost Them Millions

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 [...]