Blog Posts in August, 2015

How a "Yellowstone Injunction" Can Protect Commercial Tenants

If you rent a commercial property, such as a storefront, and your landlord claims you are in violation of your lease, what legal remedies do you have? Specifically, how can you prevent a quick eviction before you even have a chance to remedy or contest the alleged violation? In New York, a commercial tenant may seek what is known as Yellowstone Injunction. This does not refer to the famous ...

There's No Contract Without a "Meeting of the Minds"

In order to sue someone for breach of contract, obviously there must be a contract between the parties. While an oral (unwritten) contract may be enforceable, there must still be proof of an agreement between the parties. Under New York law, there must be “mutual assent” between the parties. A mere conversation between the parties where they do not agree to “sufficiently definite” terms is not ...

The Importance of "Best Evidence" in Contract Disputes

Written contracts are the basis of most business relationships. When a dispute arises between parties to the contract, it is important the original, signed agreement is available. This is especially important if there is litigation and a judge or jury must interpret the agreement. In civil cases, such as breach of contract disputes, New York courts apply what is known as the “best evidence rule.” ...

Small Claims Can Raise Big Legal Problems

In New York, many civil disputes are handled in small claims court. The rules governing what is a “small claim” and where such cases are heard vary depending on what county you reside in. But the basics of small claims are similar throughout the state. If you are familiar with the types of small claims disputes seen on television courtroom shows, you might think all such cases are tried without ...

Where Do I File My Lawsuit in New York?

Civil litigation is often a daunting prospect for business owners and other litigants who may be confused by the complexity of the New York court system. There are many types of courts that hear civil claims, and many people may not even know where to begin when they need to file a lawsuit. Here is a brief overview of how civil litigation works in New York. State Courts New York is divided into 62 ...

When Can a Third Party Sue to Enforce a Contract?

A simple contract involves two parties. For example, John agrees to sell Mary a lawn mower for $50. But many contracts often implicate third parties. So let's say John hires Mary to mow his lawn for $50; she, in turn, subcontracts the actual mowing to Bob for $40. Does this make Bob a party to John and Mary's original contract? Put another way, if Bob mows the lawn, and John fails to pay Mary the ...