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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 [...]
Just over one year ago, I wrote about how a New York County trial court refused to dismiss two at-will employees that worked as placement professionals, and were promised both salary and commission did not forfeit their earned commissions – even though they never reduced their agreements to writing, in derogation of the Statute of [...]
In the last year, I’ve been asked a few times whether you can incur personal liability merely by virtue of signing an agreement on behalf of a corporation. Well, you need wonder no more, as a Suffolk County trial court in Cutler v. Collura-Repp has laid out the law on this issue in no uncertain terms: [...]
In the breach of contract context, one of the most common – and potent – defenses to these cases is that the agreement was never reduced to writing, and therefore barred by New York’s Statute of Frauds. There is a narrow, but important exception to this rule: when the contract is terminable at will, or, [...]
In a Westchester County case that was reported upon in today’s New York Law Journal, HP Hood, LLC v. Diamond D Realty, Inc., the plaintiff sought to recover over $1.5 million owed by the defendant for dairy products (in legalese, “goods”) that were supplied – but not paid for – from January through December of [...]
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 [...]
Not terribly much, according to a recent decision from a Queens County trial court. In Phone Card America, Inc. v. Quality Discount Equipment Sellers, LLC, the defendant sold plaintiff a specialized printing press for the express purpose of printing phone cards. Unfortunately, despite plaintiff’s numerous efforts to have the press’s problems both diagnosed and repaired, [...]
It is a very sad day when you can’t trust your own brother. According to the plaintiff in the Suffolk County case of Kimelstein v. Kimelstein, he was wrongfully frozen out of his 50% interest in a property that he and brother had acquired jointly through a non-party corporation. More specifically, he contends that pursuant [...]
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 [...]
I have to believe that the executives at the plaintiff on-line news company are kicking themselves. In Al-Bawaba.com, Inc. v. Nstein Tech. Corp., a decision that was discussed in last week’s New York Law Journal, a Kings trial court dismissed their lawsuit against a software company that sought more than $1 million in damages for [...]
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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