Blog Posts in November, 2013

Fabric Panel Flap Breach of Contract and The UCC

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 the human condition and the bizarre lengths people will often go to in order to torture logic. It also illustrates ...

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 a bakery in Chinatown, Manhattan, New York. Background of the Case Plaintiff bought, owned, and operated a ...

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 work performed in the first place! Background of the Case Russo performed demolition work in ...

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 as specified in the contract, wanted a refund of the deposit. The seller refused to return it, alleging ...

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 contract. The court ruled that it does so operate, however that the case ...