Blog Posts in 2015

How "Reliance Damages" Can Remedy a Breach of Contract

In a breach of contract case, the party claiming injury may seek what are known as “reliance damages.” As the New York Court of Appeals has explained, this refers to “damages based on [the injured party's] reliance interest, including expenditures made in preparation for performance or in performance, less any loss that the party in breach can prove with reasonable certainty the injured party ...

When Does Federal Law Preempt State Law in a Breach of Contract Case?

Although most breach of contract and civil litigation cases fall under state law, there are times when federal law overrides or “preempts” such claims. This means that even if you can prove your case under New York state law, it will not matter, as a federal statute with different provisions ultimately controls the outcome of the litigation. Conversely, if you are the defendant in such a case, you ...

Never Rely on "Oral" Modifications to a Lease

Many landlord-tenant disputes arise because of differing interpretations of the parties' lease. Remember, a lease is a written contract, and like any contract, a court will look to its express terms in determining what the parties agreed to. This can prove especially important when one party claims there was a subsequent “oral” modification to the lease. Always Get a Lease Modification in Writing ...

The Difficulty of Suing Private Associations in Court

Voluntary associations provide many important civil and cultural functions. When disagreements arise over an association's internal rules, can an aggrieved party sue for breach of contract ? An unusual case playing out before the New York courts offers some insight on this question. Man Banned from Dog Shows Cannot Claim Breach of Contract Although this case involves New York courts and law, the ...