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

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

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,

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

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

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 –

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

Interest Payments and Breach of Insurance Contract

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

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

Contractual Indemnity Provisions

The Supreme Court of New York County recently issued a decision in the case of Gell-Tejada v. Macy’s Retail Holdings. This case explores the intersection of negligence law with breach of contract law from a different angle than cases we have previously examined. Recall that the most recent line of New York cases