Blog Posts in June, 2013

Out of Service Taxi Drivers Breach of Contract L

Taxi cabs are a topic near and dear to the hearts of many New Yorkers. It perhaps surprises no one that the business is far more complex than getting people from the Lower East Side to the Upper West Side – it is subject to a labyrinthine system of rules and regulations that must be successfully navigated. Medallions A taxi medallion in its broadest sense is simply a permit to operate a taxi ...

Assessing the Overlap of Breach of Contract and

In a very interesting case recently decided by the Appellate Division of the Supreme Court of NY, first department invovled a construction contract dispute. Summary of the Case In Waterscape Resort v. Eric McGovern the plaintiffs hired the defendant to do some construction work via subcontractors. The deal went sour when one of the major subcontractors was unable to complete the work and ...

Court Says No To Unjust Enrichment Cash Grabs Wh

In a battle between brokerages, quasi-contract recovery is not allowed when a valid contract exists and there has been no breach of contract – so says the Appellate Division of the Supreme Court of NY, first department . The 2013 decision involves the case PRG Brokerage v. Aramarine Brokerage . Plaintiff PRG sued defendant Aramarine for certain third party commissions under a theory of breach of ...

Prince Settled Contract Dispute With Perfume Com

In 2006, the musical artist Prince (full name Prince Rogers Nelson) released a new album titled 3121. He also designed a 3121 eau de parfum to be launched by the Revelations Perfume and Cosmetics company. As part of the agreement between Prince and Revelations, Prince agreed to use his name, likeness, and new album to help market the perfume. In November of 2008, Revelations filed suit against ...

Actress Sues Ad Agency for Breach of Contract

In 2009, New York ad agency Levinson Trachtenberg Group contracted with an actress, Elena Aroaz, to appear in a 30 second commercial that advertised the services of a personal injury law firm. The contract stated that Aroaz would be compensated for her time with $600. At the end of shooting, Aroaz received her $600 and went on her way. In 2012, Aroaz learned that her picture was being used on a ...

Interesting Recent Lawsuit Centers Around Most F

A jury trial recently concluded between satellite TV provider Dish Network and sports media giant ESPN. Dish Network originally brought four claims against ESPN for breach of contract, seeking more than $150 million in damages. The dispute centered around an eight year agreement regarding licensing rates for sports broadcasts. Dish Network claims that ESPN breached the “most favored nation” clause ...