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Breach of Oral Partnership Agreement

The Supreme Court of Kings County (Brooklyn) recently heard the case of Chan v. Mui. This case took the form of a motion to dismiss a breach of contract claim, as well as related claims for fraud. The transaction at issue is a purported agreement between the parties involving the sale of

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Fabric Panel Flap Breach of Contract and The UCC

What To Consider When Buying a Business The Appellate Division of the Supreme Court of New York, third department recently heard an appeal in the case of Accent Commercial Furniture v. P. Schneider & Associates. This case, involving the delivery and installation of decorative wall panels underlines some of the pettiness of

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“Notwithstanding” Clause in Breach of Contract

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

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Breach of Contract and Home Purchase Agreements

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

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Breach of An Unsigned Contract and Filing Mechan

The Supreme Court of New York County recently heard the case of A. Russo Wrecking v. Bullard Purchasing & Sales. This case was interesting because it involved an action to recover under a contract that was never signed. Indeed, the party to be held responsible alleges it never consented to have the

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Course of Dealing and Breach of Contract

The Supreme Court of New York County recently heard the case of Linder v. Innovative Commercial Systems. This case raised some interesting issues in the employment law sphere, and also encountered the unusual situation where either plaintiff or defendant would win on motion for summary judgment. In cold contractual terms, the case

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Conspiracy To Breach a Contract

The Supreme Court of New York County recently heard the case of Fischer v. Belmont. This was a case where the defendant allegedly did a great many bad things and the plaintiff filed a large list of different theories of liability in the complaint. For those of you unfamiliar with trial practice,

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Breach of Duty To Parties Outside a Contract

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

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Statute of Frauds Problem in A Breach of Contract

The Supreme Court of Suffolk County recently heard the case of Soldano v. Precision CNC Corp. Soldano was the president of Apex Corporation and an individual named Napolitano was the sole officer of Precision. Another defendant was known as Rohrbaugh. This case was interesting because it involved the application of a special contract

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Breach of Antidilution Contract

The Appellate Division of the Supreme Court of NY, first department recently heard an appeal in the case of Zyskind v. FaceCake Marketing Technologies. This breach of contract case involved corporate maneuvering, with allegations of impropriety and certain failures to disclose. As a teaching tool, this case illustrates how a great many of