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 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 –

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

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

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 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

The Damages Component in Breach of Contract

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 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