Litigating Breach of Oral Contracts

In the case of Anita Terrace Owners, Inc. v. Goldstein Assoc Consulting Engr the Supreme Court of Queens County heard motions from both parties regarding a dispute regarding construction contracts. What is most interesting, for our purposes, is the fact that one of the contracts in this case was what is known as an

The Role of Third Party Beneficiaries in Breach

In The Matter of White Plains Plaza Realty, LLC and Capelli Enterprises the Appellate Division of the Supreme Court of New York, second department heard an appeal by Capelli Enterprises, Inc (CEI) against the entry of a judgment against it and in favor of White Plains Plaza (WPP). The case had a complex

A Freely Terminable Employment Contract May Still Be Breached

In Tini v. Alliance BERNSTEIN the Appellate Division of the Supreme Court of NY, first department denied a motion by the defendant to dismiss the complaint brought by plaintiff Jay Tini for breach of an employment contract. The case provides a great look at one commonly used type of employment contract – the ‘at-will’

Exculpatory Clauses and Their Exceptions in Brea

In Aurora Contractors, Inc. v. West Babylon Public Library the Appellate Division of the Supreme Court of NY, first department looked at a case that involved so-called exculpatory clauses. In essence, a clause of this type is simply contract language that states that a certain party is not at fault (not liable) if a

The Effect of Disclaimers and Warranties in Breach

In West 63 Empire Associates v. Walker & Zanger, Inc the Appellate Division of the Supreme Court of NY, first department looked at two legal issues that are commonly found in breach of contract cases. Background of the Case Plaintiff West 63 Empire Associates (West 63) does business as The Empire Hotel. The plaintiff’s

Court Allows Breach of Contract Lawsuit To Sail

The Appellate Division of the Supreme Court of NY, first department allowed a lawsuit against The Golden Gate Yacht Club (GGYC) to proceed on its breach of contract claims in the case of African Diaspora Maritime Corporation v. Golden Gate Yacht Club. Background The America’s Cup competition is one of the most prestigious sailing competitions

Out of Service Taxi Drivers Breach of Contract

Taxi cabs are a topic near and dear to the hearts of many New Yorkers. It perhaps surprises no one that the business is far more complex than getting people from the Lower East Side to the Upper West Side – it is subject to a labyrinthine system of rules

Court Says No To Unjust Enrichment Cash Grabs Wh

In a battle between brokerages, quasi-contract recovery is not allowed when a valid contract exists and there has been no breach of contract – so says the Appellate Division of the Supreme Court of NY, first department. The 2013 decision involves the case PRG Brokerage v. Aramarine Brokerage. Plaintiff PRG sued defendant Aramarine for

Prince Settled Contract Dispute With Perfume Com

In 2006, the musical artist Prince (full name Prince Rogers Nelson) released a new album titled 3121. He also designed a 3121 eau de parfum to be launched by the Revelations Perfume and Cosmetics company. As part of the agreement between Prince and Revelations, Prince agreed to use his name,

Actress Sues Ad Agency for Breach of Contract

In 2009, New York ad agency Levinson Trachtenberg Group contracted with an actress, Elena Aroaz, to appear in a 30 second commercial that advertised the services of a personal injury law firm. The contract stated that Aroaz would be compensated for her time with $600. At the end of shooting, Aroaz received