How Not Being Licensed Can Cost You Your Fee In New York

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 [...]

Why “Mandatory” Arbitration Clauses in NY Are Just That – Mandatory

I was recently contacted by a man who was dealt with unfairly by a much larger company he was trying to do business with. The bigger company, on a whim, decided that they didn’t want to do business with him anymore, so they came up with every reason they could muster – some legitimate, some [...]

Victoria’s Secret(ly) (and Tortiously) Interfered With Contract, NY Business Claims

Today’s New York Daily News is reporting that Victoria’s Secret has been sued for inducing the Chinese supplier for a New York and New Jersey-based shoe company to break its 25 year relationship with the shoe company in favor of an exclusive deal with Victoria’s Secret. Now, let’s not be naive; the reason the story [...]

Finding Proof Insufficient to Pierce the Corporate Veil, Suffolk Court Dismisses Breach of Contract Claim

If the unsubstantiated claims of this plaintiff are actually true, then I feel bad for the plaintiff. But, as noted by the Court, therein lies the problem: the allegations are unsubstantiated. In Lecce Penn Co. SPA v. Adrenaline Marketing & Promotions, Inc., the plaintiff sued in breach of contract and fraud to recover over $300,000 [...]

Finding Insured Lied in His Insurance Application, Brooklyn Court Dismisses Stolen Vehicle Claim

Although I’m certainly no fan of the insurance industry, I can’t blame them for fighting this claim. And I don’t blame the Court for siding with them either. Recently, in Rampersant v. Nationwide Mutual Fire Ins. Co., a Brooklyn  judge dismissed the lawsuit brought by a Kings County man against his auto insurer, which sought [...]

When Attorneys Go (Way) Too Far

Recently, I attended a non-party deposition in a commercial litigation matter arising out of a dispute over who is the rightful owner of a particular property in New York. As is often the case, the attorney conducting the deposition was less than thrilled at the answers given by the witness. So, first he tried to [...]

When NY Employers Condition Receipt of Post-Employment Benefits on a Non-Compete

As you may be aware, it has become increasingly common for employers to condition their employees’ receipt of post-employment benefits upon the employees’ agreement to abide by a strict non-compete clause.  So here’s the question (which, unfortunately, occurs altogether too frequently): what if the non-compete is unreasonably and unduly restrictive (i.e., prevents you from using [...]

How to Win the Breach of a Severance Agreement Case in New York

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 [...]

At What Point Does a Contract Become Enforceable Under NY Law? (It’s Not What You Think)

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 [...]

One Way to Prove a Fraudulent Concealment Claim Under NY Law – Even in the Face of a Disclaimer

In my earlier blog post “Why Fraudulent Concealment Claims Are So Tough to Win in New York,” I pointed out that one of the challenges of these claims is posed by contractual language that the purchaser signs stating that they didn’t rely on any representations by the seller. As a New York trial court recently [...]