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I have often been asked the following question in one form or another: “This claim is ridiculous. Why doesn’t the Court just throw it out, and dismiss the Complaint?” The short answer is, that so long as from the face of the Complaint, there may be a valid, cognizable claim, New York courts are [...]
In an opinion that was handed down yesterday in the defamation case of Tener v. Cremer, New York’s Appellate Division, First Department held that the trial court erred by denying outright – without a hearing – a plaintiff’s motion seeking to hold NYU in contempt for failing to protect or produce electronically stored information (ESI) [...]
Kudos to you, ABC, for bringing this story to light. And shame on you, Cubist Pharmaceuticals, for your discriminatory narrow-mindedness. Kara Krill who works for Massachusetts-based Cubist Pharmaceuticals, recently had twin children via a surrogate. She was compelled to have these children through a surrogate because she had health issues that prevented her from having [...]
It should come as no surprise that this has increasingly become one of the most common – if not the most common – form of breach of contract as the economy has continued to falter. Some customers have professed their desire to pay your bills, but “they just don’t have the money right now.” More [...]
In a breach of contract and non-compete case I was recently hired to defend, I had a very odd first phone conversation with my adversary. And at the end of the call, I told him that I would be following up with a short e-mail memorializing our “pleasant conversation.” His response took me by surprise: [...]
If you’re going to move money around from one project to another when your company is insolvent, i.e., “when the present fair salable value of his assets is less than the amount of that will be required to pay his probable liability on his existing debtors as they become absolute and matured,” you do so [...]
Earlier today, I got what was hands-down, the most ridiculous phone call seeking legal services in New York that I have ever received. Here are the pertinent facts: This guy (we’ll call him “A’) was mistakenly over-billed by a company (we’ll call them “C”) for services that they rendered. Simple enough, right? But this was [...]
Although I’ve written extensively on the subject of non-compete agreements, setting forth some of the general principles and the exceptions to those rules that help dictate whether a particular non-compete agreement will or won’t be enforced by a New York court, I must concede that it’s often hard to predict with any degree of certainty [...]
There are several categories of agreements that must be reduced to writing in order to be enforceable under New York law, such as contracts for services that cannot be completed within one year, or contracts pertaining to real estate. (For more on this topic, you may wish to download the free guide to NY breach [...]
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 [...]
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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