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Why an Unsigned Agreement Is Better Than No Agreement Under NY Law

Contrary to popular belief, the failure to obtain a fully signed (or, in legal terms, “executed”) agreement is not fatal to a breach of contract claim. That’s not to say it isn’t far better to have a fully executed agreement; it’s just that it doesn’t automatically mean you don’t have a valid, enforceable agreement either. [...]

How Not Being Licensed Can Cost You Your Fee In New York

I find it sad when people learn a lesson the hard way. On the other hand, I understand why the Court, and the New York Legislature set up the rules in this fashion: simply put, if they allowed unlicensed contractors to still get paid for work that requires a license, then that would effectively abrogate [...]

Fee-Splitting Agreement May Be Illegal, But Doctor Can Still Recover Fair Value, Says NY Court

In Rosenberg v. Harris, an August 17 decision in a breach of contract case between two dentists – one of whom was renting office space and equipment from the other – a New York County court issued a fascinating ruling: the agreement between the two doctors, which called for the tenant to pay a portion [...]

No Written Agreement? No Problem, Says NY Court

If you take an unreasonable position and refuse to pay for services that were rendered, you should be prepared to have a court rule against you. And that’s exactly what happened in John Anthony Rubino & Co. CPA v.  Schwartz (a decision that is scheduled to appear in tomorrow’s edition of the New York Law [...]

If You Have a Written Contract, You Can’t Pursue Unjust Enrichment Claim, Says NY Court

Although, in the legal world, you can generally pursue different theories – even if they are inherently at odds with each other – to try and recover your losses, there are some exceptions to that rule. And the realm of breach of contract – at least in New York – is precisely one circumstances. You [...]

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 [...]

How One New York Small Business’s Failure to Get A Written Agreement Cost Them Millions

It is truly a shame when the mistakes we make on the basis of trust come back to haunt us in such a personal and economical way. But assuming the truth of the allegations in his complaint, that’s exactly what happened to Richard Snyder, who claims that he and the defendant (who was an acquaintance) [...]