The Supreme Court of New York County recently heard the very interesting case of Bottcher v. West 44th Street Hotel – a case involving a complex construction contract between the parties, and also involving issues of indemnification (payment or remuneration for the actions of another) and failure to obtain insurance. These issues, collectively,

The Supreme Court of Kings County (Kings County is also known as Brooklyn) recently heard the Matter of Celauro v. 4C Foods Corporation – a very complicated and unusual case involving many of the real-world issues often at play in cases at bar. In essence though, this contentious dispute between members of a

The Supreme Court of New York County recently heard the case of Hi-Tech Construction v. Housing Authority of the City of New York – the litigation sheds a great deal of light on the standard for summary judgment in a breach of contract case in New York. Summary judgment is a procedural tool available

The Supreme Court, Appellate Term, Second Department recently heard the case of Photography by Brett Matthews v. Solomon – a very interesting case, that although for a small dollar amount, sheds a great deal of light on the contract principles of modification, cancellation, and liquidated damages. Please note generally that the Appellate Term of

Levine v. City Med Association, decided by the Appellate Division of the Supreme Court of New York, Second Department was an interesting case in how civil discovery provisions apply to an action for breach of contract. Discovery, generally, is the ability of either party to a lawsuit to compel the other side

Polyfusion v. Promark, decided by The Appellate Division of the Supreme Court of New York, Fourth Department, was a valuable, instructional case in how quasi-contract remedies operate in breach of contract cases, and how the parol evidence rule (PER) functions to limit certain kinds of allegations. Background of the Case A

In the case of Sapphire v. Mark Hotel Sponsor, the Supreme Court of New York Countyexamined a situation in which the plaintiff sought rescission of a contract due to alleged bad conduct by the defendant and the defendant moved to dismiss the plaintiff’s complaint. The case features a collateral estoppel and res

We’ve previously discussed the general idea that in New York a simple breach of contract does not give rise to tort liability – because no special duty typically exists outside of the contract. The Appellate Division of the Supreme Court of New York, Fourth Department recently heard motions addressing exactly this

In the case of Obstfeld v. Thermo Niton Analyzers the Appellate Division of the Supreme Court of New York, Second Department examined a dispute over a breach of contract that involved two common issues often seen in contract litigation – rescission and time-barring. Rescission is the undoing of a contract and returning the parties

In the case of Barclays Bank Mexico v. Urbi, Desarrollos Urbanos the Supreme Court of New York County examined a dispute between parties based in Mexico but with a somewhat unusual procedural history in that plaintiff Barclays seeks to assert jurisdiction over the defendant in New York. Jurisdiction is part of an area of