Blog Posts in August, 2013

Injunctive Relief and Breach of Contract

The Appellate Division of the Supreme Court of NY, first department recently issued a decision in the case of Goldstone v. Gracie Terrace Apt. Corp. This case took the form of a dispute between a condominium renter and the apartment building owner in a swanky Manhattan penthouse, similar in broad strokes to cases we have discussed before, but with different legal and contractual issues. Longtime ...

Knowledge of Breach of Contract Law Leads To Per

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 profit. This case also loosely involves a conflict between general ...

Breach of Contract Issues in Condominium Offerin

The Supreme Court of New York County recently heard the case of Bauer v. Beekman International Center which involved the market for high-end real estate properties in Manhattan, and illustrated some of the complex contractual issues present. Background of the Case The factual background and underlying practical issues are quite complex and only a simplified version is presented here. The defendant ...

Breach of Contract Liability for Student Loan De

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 mortgage bubble, is imploding, creating a financial crisis. History bears out the ...

Special Issues in Breach of Oral Contract Cases

The Appellate Division of the Supreme Court of New York, Second Department recently heard the very interesting case of Crozier v. Sauers . Perhaps unfortunately, the case highlights what can happen when a dispute occurs between friends and family. The case also involves some of the special evidentiary issues that crop up whenever oral contracts get litigated. Background of the Case The plaintiff ...

Choice of Laws in Breach of Contract

The Appellate Division of the Supreme Court of New York, Second Department recently heard the very interesting case of Jimenez v. Monadnock Construction . This case, like many we’ve looked at in the contractual context, involved a construction contract, and furthermore drew in issues related to the procurement of insurance. However the most interesting aspect of the case, and our focus in this ...

Implied Contracts and Breach of Contract in High

The Supreme Court of Westchester County recently heard the very interesting case of Alissa S. v. Manhattanville College – an interesting case bringing into issue the exact nature of the relationship between a student and his or her institution of higher education. There is a long tradition of students suing their college or university over a variety of matters, and as we shall see here, the ...

Breach of Construction Contracts Indemnification

The Supreme Court of New York County recently heard the very interesting case of Bottcher v. West 44th Street Hotel – a case involving a complex construction contract between the parties, and also involving issues of indemnification (payment or remuneration for the actions of another) and failure to obtain insurance. These issues, collectively, are quite common in breach of contract cases ...

The Damages Component in Breach of Contract

The Supreme Court of Kings County (Kings County is also known as Brooklyn) recently heard the Matter of Celauro v. 4C Foods Corporation – a very complicated and unusual case involving many of the real-world issues often at play in cases at bar. In essence though, this contentious dispute between members of a family-owned small business over highly technical matters of corporate law could be ...

Summary Judgment in NY Breach of Contract

The Supreme Court of New York County recently heard the case of Hi-Tech Construction v. Housing Authority of the City of New York – the litigation sheds a great deal of light on the standard for summary judgment in a breach of contract case in New York. Summary judgment is a procedural tool available to either party in a litigation. It is a motion that basically asks the judge to rule in favor of ...

Liquidated Damages in A Breach of Contract

The Supreme Court, Appellate Term, Second Department recently heard the case of Photography by Brett Matthews v. Solomon – a very interesting case, that although for a small dollar amount, sheds a great deal of light on the contract principles of modification, cancellation, and liquidated damages. Please note generally that the Appellate Term of the Supreme Court of New York is a lower level ...

Discovery in Breach of Contract Cases

Levine v. City Med Association , decided by the Appellate Division of the Supreme Court of New York, Second Department was an interesting case in how civil discovery provisions apply to an action for breach of contract. Discovery, generally, is the ability of either party to a lawsuit to compel the other side to turn over relevant evidence, whether copies of physical documents, deposition of ...

Quasi Contract Breach of Contract and Parol Evid

Polyfusion v. Promark , decided by The Appellate Division of the Supreme Court of New York, Fourth Department , was a valuable, instructional case in how quasi-contract remedies operate in breach of contract cases, and how the parol evidence rule (PER) functions to limit certain kinds of allegations. Background of the Case A lower court heard this breach of contract case between two electronics ...