Arbitration in Breach of Contract

The Supreme Court of Kings County (Brooklyn) recently heard the case of Chelsea Auctions v. South Shore Alarms. This case involved interpretation of contractual language in the context of a provision for arbitration. Arbitration is another common real-world issue that crops up frequently in contractual disputes but that has not undergone

Breach of A Brokerage Contract Analyzing the Diff

The Supreme Court of New York County recently issued a decision in the case of Miron v. Eberli. This case is a wonderful educational tool for our purposes – illustrating basic tenants of contract interpretation and the often convoluted logic a court may follow. However, even more significantly, the case illustrates the important

Putting It All Together a Multifaceted Breach Of

The Supreme Court of Queens County recently heard the case of Silone v. Doric Construction Corporation. This case involved a great many of the issues we have discussed previously in the construction contract sphere and provides an educational look at the types of issues and defenses that may arise together in the same

Breach of Contract Covenant of Fair Dealing

The Supreme Court of New York County recently issued a decision in the case of 534 East 11th Street HDFC v. Hendrick. This case, yet another lawsuit over Manhattan real estate, is interesting because one of the main issues is the covenant of good faith and fair dealing, an implied covenant or

Injunctive Relief and Breach of Contract

The Appellate Division of the Supreme Court of NY, first department recently issued a decision in the case of Goldstone v. Gracie Terrace Apt. Corp. This case took the form of a dispute between a condominium renter and the apartment building owner in a swanky Manhattan penthouse, similar in broad strokes to cases we

Knowledge of Breach of Contract Law Leads To Per

The Appellate Division of the Supreme Court of New York, Second Department recently heard the case of Emergency Restoration Services v. Corrado. This case was noteworthy for many reasons – chiefly because it involved a defendant who clearly understood breach of contract law in New York State and was then able to personally

Breach of Contract Issues in Condominium Offering

The Supreme Court of New York County recently heard the case of Bauer v. Beekman International Center which involved the market for high-end real estate properties in Manhattan, and illustrated some of the complex contractual issues present. Background of the Case The factual background and underlying practical issues are quite complex and only

Breach of Contract Liability for Student Loan De

The Supreme Court of New York County recently decided the unfortunate case of Educap, Inc v. Tsekas. This case, implicating student loan debt, contractual liability, and bankruptcy is very relevant to what is happening in the United States today. The student loan debt bubble, in a manner similar to the 2008 subprime

Choice of Laws in Breach of Contract

The Appellate Division of the Supreme Court of New York, Second Department recently heard the very interesting case of Jimenez v. Monadnock Construction. This case, like many we’ve looked at in the contractual context, involved a construction contract, and furthermore drew in issues related to the procurement of insurance. However the most interesting

Implied Contracts and Breach of Contract in Higher Education

The Supreme Court of Westchester County recently heard the very interesting case of Alissa S. v. Manhattanville College – an interesting case bringing into issue the exact nature of the relationship between a student and his or her institution of higher education. There is a long tradition of students suing their college or