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Under New York law, when a seller deliberately hides information that is critical to the buyer’s decision to invest or not to invest, this is generally referred to as “fraudulent concealment.” A word of caution is in order, however: this type of claim is particularly challenging because in addition to the traditional elements of proof [...]
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. httpv://video.fosterwebmarketing.com/nybusinesslitigationlawyer.com/httpdocs/evm/720p30p_cooperny_15_breachofcontract.flv In general terms, in order to establish a breach of contract claim under New York law, a plaintiff [...]
This was just one of the issues that New York Federal Judge Jack Weinstein had to address in Globaltex Group Ltd. v. Trends Sportswear Ltd., a commercial litigation case where the plaintiff sought to recover payment for goods that it shipped. The facts of this case were – and are – rather fascinating. In this [...]
In a strongly worded — and educational — opinion, a New York Federal Judge went out of his way to delineate what allegations suffice, and in White v. National Home Protection, Inc., what did not suffice, to survive dismissal on a claim seeking to pierce the corporate veil. In granting the defendants’ motions to dismiss [...]
The facts of this case are rather disturbing. Worse yet, I seriously doubt the plaintiff will be able to collect on this judgment, even though he certainly deserves to recoup something. In Cantu v. Flanigan, the plaintiff was a Mexican businessman who, over several decades in the oil and other industries, had built a worldwide [...]
Somewhat surprisingly, in the majority of breach of contract cases I get called about, the contract does not clearly address – and sometimes does not even discuss at all – the issue that led to the claim or how it is supposed to be handled. The next question, therefore, follows logically: how do New York’s [...]
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 [...]
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 [...]
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 [...]
In Bimini Boat Sales, Inc. v. Luhrs Corp., plaintiff Bimini, a retail boat dealer, bought a fishing boat from boat manufacturer Luhrs, intending to resell the boat to the general public. Unfortunately for Bimini, after they received the boat from Luhrs, they discovered that the boat had several defects that were serious enough to render [...]
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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