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Contrary to popular belief, the failure to obtain a fully signed (or, in legal terms, “executed”) agreement is not fatal to a breach of contract claim. That’s not to say it isn’t far better to have a fully executed agreement; it’s just that it doesn’t automatically mean you don’t have a valid, enforceable agreement either. [...]
I find it sad when people learn a lesson the hard way. On the other hand, I understand why the Court, and the New York Legislature set up the rules in this fashion: simply put, if they allowed unlicensed contractors to still get paid for work that requires a license, then that would effectively abrogate [...]
In Rosenberg v. Harris, an August 17 decision in a breach of contract case between two dentists – one of whom was renting office space and equipment from the other – a New York County court issued a fascinating ruling: the agreement between the two doctors, which called for the tenant to pay a portion [...]
There are instances, like the case discussed in my recent blog post, “No Written Agreement? No Problem, Says NY Court,” where the failure to reduce your agreement to writing is not fatal to a breach of contract claim under New York law. But there are other cases, like Springer v. Linden Seventh Day Adventist Church, [...]
If you take an unreasonable position and refuse to pay for services that were rendered, you should be prepared to have a court rule against you. And that’s exactly what happened in John Anthony Rubino & Co. CPA v. Schwartz (a decision that is scheduled to appear in tomorrow’s edition of the New York Law [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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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