Blog Posts in October, 2013

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 hinged on a certain lack of clarity. A contract term, commonly ...

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, the plaintiff was not merely attempting to be perverse, duplicative and wearisome. Rather, there is a ...

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 himself without benefit of an attorney! Although the case was largely about the tort of negligence, ...

Zoning Exclusions and Title Defects in Breach Of

The Supreme Court of Westchester County recently granted defendant’s motion to dismiss in the case of Batra v. Electronic Land Services . This case involved a major real estate deal, and highlighted many of the practical considerations involved in such transactions. It also arguably illustrated a situation where plaintiff simply had a great deal of bad luck – but in contractual terms, bad luck is ...

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 requirement known as the Statute of Frauds. The S/F is a form ...

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 the legal considerations involved both running a ...

Insurance Exclusions As Defenses To Breach of Co

The Appellate Division of the Supreme Court of New York, Fourth Department recently heard an appeal in the case of Conley & Tibbitts Properties v. Leatherstocking Cooperative Insurance Co. This relatively simple case nonetheless elucidates some of the finer and more practical aspects of contract law and is thus, a good teaching tool. One of the most important, and often, most overlooked aspects of ...

Breach of Contract and Waiver

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 – a waiver. Simply put, assume there is a valid contract between party A and party B, and party B breaches the contract. ...

Breach of Title Insurance Contracts

The Appellate Division of the Supreme Court of New York, Second Department recently heard an appeal in the case of Countrywide Home Loans v. United General Title Insurance . This interesting appeal touches on a situation made much more meaningful by the recent historical background of the so-called subprime mortgage crisis (or scandal, depending on who you ask). Background The plaintiff, ...

Interest Payments and Breach of Insurance Contra

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 and operate against each other. Background of the Case ...

Breach of Contract and Collateral Documents

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 Buffalo, as part of the Buffalo Urban Renewal Agency’s “Rehab Program,” created a ...