The Appellate Division of the Supreme Court of NY, first department recently heard an appeal in the case of Warburg v. GeoResources. The case involved what effect a contract’s “notwithstanding” clause would have if it operated to eliminate (or in the court’s words ‘render inoperative’) a detailed formula in a clause of the

The Supreme Court of New York County recently heard a motion in the case of Danna v. Smyser. The case boiled down to a relatively simple and common factual situation. The buyer and seller of a home entered into a purchase agreement, with a deposit paid. The buyer, unable to obtain financing

The Court of Appeals of New York recently ruled in favor of the plaintiff on a motion in the case of Landon v. Kroll Laboratory Specialists. The plaintiff, Eric Landon, accomplished the noteworthy feat of getting the highest court in the state of New York to rule in his favor despite representing

The Supreme Court of New York County recently issued a decision in the case of Mill Financial v. Gillet. The case is quite complex, with a variety of issues regarding breach of contract as well as other issues. However today we will just focus on one narrow area of the case –

The Appellate Division of the Supreme Court of New York, Second Department recently heard the case of Ginsburg v. Charter Oak Fire Ins. Co. This interesting case appeals perhaps a little more to the mathematically inclined among us, but regardless, illustrates how various financial provisions in insurance contracts are construed by a court

The Appellate Division of the Supreme Court of New York, Fourth Department recently heard an appeal in the case of Environmental Testing and Consulting v. City of Buffalo. This rather succinct and clear case serves as a great teaching tool to those interested in contract law. Background of the Case The City of

The Supreme Court of New York County recently issued a decision in the case of Gell-Tejada v. Macy’s Retail Holdings. This case explores the intersection of negligence law with breach of contract law from a different angle than cases we have previously examined. Recall that the most recent line of New York cases

The Supreme Court of New York County recently issued a decision in the case of 534 East 11th Street HDFC v. Hendrick. This case, yet another lawsuit over Manhattan real estate, is interesting because one of the main issues is the covenant of good faith and fair dealing, an implied covenant or

The Appellate Division of the Supreme Court of New York, Second Department recently heard the case of Emergency Restoration Services v. Corrado. This case was noteworthy for many reasons – chiefly because it involved a defendant who clearly understood breach of contract law in New York State and was then able to personally

The Supreme Court of New York County recently decided the unfortunate case of Educap, Inc v. Tsekas. This case, implicating student loan debt, contractual liability, and bankruptcy is very relevant to what is happening in the United States today. The student loan debt bubble, in a manner similar to the 2008 subprime