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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 [...]
Many small businesses’ recurring nightmare, particularly in this economy, looks something like this:
Debtor D (we’ll call him “D,” for short) owes you tens of thousands of dollars for product that you delivered months ago. When you inquire as to what the delay is in receiving payment, you get a run-around, and ultimately find out that [...]
In Bernhardt v. Tradition North America, a case very similar to the one we discussed recently in “Why Whistleblower Protection Clause In Employee Manual May Be Worthless,” the plaintiff, who was a vice president at defendant Tradition North America Inc., notified the SEC of various securities schemes that he had supposedly uncovered at his company. [...]
In Shiamili v. Real Estate Group of NY, Inc., an opinion issued by New York’s Appellate Division, First Department (which covers both New York and Bronx Counties), answered this question with an unequivocal ‘no’ – the internet services provider (or “interactive computer service) cannot be held liable for defamation (or unfair competition) unless the internet [...]
In Candela v. Banco Industrial de Venezuela C.A., the New York County trial court’s decision to dismiss a breach of contract and wrongful termination claim by a bank employee serves a clear warning to at-will employees everywhere: know your rights and what you must do to protect them before you are fired. Conversely, the decision [...]
Can the president of a small company be held personally liable for the company’s issuance of dishonored checks? Not unless the plaintiff can prove that this individual officer was personally involved in the checks’ issuance, said a New York Federal Judge.
In Interstate Foods, Inc. v. Lehmann, a decision that was recently published in the New [...]
In a case with salacious – and all-too-common facts – that was reported in this week’s New York Law Journal, a Westchester County court declined to dismiss the plaintiff’s claim that the defendants were diverting their assets in a desperate attempt to avoid a judgment that had been rendered against them in a breach of [...]
As you may be aware, different types of claims have amounts of times that they may be sued upon under New York law. This is commonly referred to as a “statute of limitations.” Some of the more common examples of this include a breach of contract claim (6 years) and negligence (3 years). (Note: malpractice [...]
In an important decision that was handed down on October 20, New York’s highest court held that where a developer of land breaches a real estate development contract and doesn’t close, the seller’s legal remedy is not limited to recovery of “only those [expenses which are] ordinarily incurred regarding such a contract, such as a [...]
In a rare opinion that was handed down last week (and reported in today’s New York Law Journal), a New York Federal Court took the time to provide some detail into what actions constitute a violation of the Federal Computer Fraud and Abuse Act (“CFAA”). The statute, which carries both civil and criminal penalties, provides [...]
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