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Commission Salesman Not Entitled to Recover Statutory Damages, Attorney’s Fees on Breach of Contract Claim, NY Court Holds

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 [...]

One Reason Why, Under NY Law, You May Want To Hire A General Contractor Rather Than A Construction Manager

In a negligence case that I recently defended, my client, a real estate developer, opted to hire a construction manager rather than a general contractor to oversee the development of this New York City building. Apparently, one of the main distinctions between a general contractor and a construction manager is the level of responsibility they [...]

Posted Under: breach of contract new york, business litigation new york
This post was written by Jonathan Cooper on February 8, 2010 Comments (0)

At-Will Employees’ Breach of Oral Contract Claim For Unpaid Bonuses Survives Dismissal in NY County Case

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 revenues generated [...]