Blog Posts in July, 2015

Summary Judgment and Breach of Contract

The Supreme Court of New York County recently heard a Motion for Summary Judgment (MSJ) in the case of Barak v. Jaff . This case involved several elements of an action for breach of contract, and arguably a relatively one-sided factual background favoring the plaintiff – yet the educational point of this case was the evidentiary issues and standard in the plaintiff’s MSJ. Motion for Summary ...

What Happens When Your Conduct Does Not Match Your Contract?

One function of a contract is to establish certain rights between and among the parties. If the parties decline to enforce such rights, or modify them through their own conduct, a court can take such actions into consideration when hearing a breach of contract case. As one New York appeals court explained in a 2013 opinion , “the law is abundantly clear in New York that, even where a contract ...