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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 [...]
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 [...]
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, [...]
By way of background, implied warranties are primarily applied in two contexts in New York: (1) in the breach of contract for goods context; and, (2) where a product was not safe for its intended use, i.e., in the defective consumer products context (for more on the latter category, please see “How to Prove a [...]
Recently, I spoke with a gentleman who runs a small, but profitable, family-owned business that did a significant amount of custom work for a vendor, only to have that vendor – which is a much larger company – turn around and tell this man directly: “we’re not paying you, and if you don’t like it, [...]
A long time ago I learned that if you ever want a great summary of the current law on a particular issue in New York, get a recent Federal Court decision on the topic. It will be well-written, accurate and concise. Raedle v. Credit Agricole Indosuez, a decision out of the Federal Court for the [...]
Sometimes when reading a court’s decision, there are facts from the case that almost jump off the page and make you wonder: if what the court is saying is true, why on earth did they even bother filing the lawsuit to begin with? Why not just accept that you messed up and move on? In [...]
In many long-term contracts, such as in the services industry, it has become rather commonplace for the service provider to insert a liquidated damages clause, which essentially sets forth the specific damages they will be entitled to if the recipient terminates the contract prematurely. As I’m sure you know, not all liquidated damages clauses are [...]
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 [...]
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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