Tag Archives: Contract; Breach

State of New York, Workers’ Compensation Bd. v Cody Mgt., Inc., Index No. 3060/13. 3/6/15, (Platkin, J.)

CPLR 3211; Duty of Good Faith and Fair Dealing; Fraud; Fiduciary duty; Contract; breach; Statute of Limitations By Lauren Tucker | Staff Writer Plaintiff was a governmental entity charged with the administration of the Workers’ Compensation Law and as successor … Continue reading

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Skycom SRL v. F.A. & Partners, Inc., Index Nos. 155999/2013 & 155985/2013 (Kornreich, J).

By Evan Jaffe | Staff Writer Standing; Contract; breach; Unjust enrichment Plaintiff sub-subcontractor, a foreign corporation located in Milan, Italy, filed two actions against various contractors regarding the contractors’ failure to make payments on two high-rise construction projects. In Action … Continue reading

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Macy’s Inc. v. J.C. Penney Corporation Inc., 2015 NY Slip Op 01728, (App. Div. 1st Dep’t 2/26/15).

By Kelly Moynihan | Managing Editor For background facts, please see previous case summary: Macy’s, Inc. v. J.C. Penney Corporation, Inc., Index No. 652861/12, 6/16/14 (Oing, J.) Contract; Breach; Tortious Interference; Licensing Agreement; Unfair Competition. Plaintiff sued defendant for tortious interference with contract … Continue reading

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Ambac Assurance Corporation v. EMC Mortgage LLC, Index No. 12665 651013/12 (Kapnick, J.).

By Evan Jaffe | Staff Writer Contract; breach; standing. Plaintiff brought suit seeking to recover losses for breaches of multiple sections of interconnected contracts involving residential mortgage-backed-securities (“RMBS”).  Plaintiff alleged Defendant’s fraud and misrepresentations caused Plaintiff to pay over $300 … Continue reading

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AJ Holdings Group v. IP Holdings, LLC and ICONIX Brand Group, Index No. 600530/2009, 9/15/14 (Scarpulla, J.).

By Michael Farinacci | Staff Writer Contract; breach; adverse inference; electronic discovery; spoliation; sanctions Plaintiff entered into a license agreement with defendants. Plaintiff alleged that defendants breached the agreement by prematurely terminating it without notice and failing to return $2.6 million … Continue reading

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Am. Media, Inc. v. Bainbridge & Knight Laboratories, LLC, Index No. 650230/2013, 9/19/2014 (Bransten, J.).

By Christina Nguyen | Staff Writer Contract; breach; breach of fiduciary duty; fraud; debtor and creditor law Plaintiffs commenced an action seeking $1,299,900 for advertising services in magazines owned by plaintiffs allegedly performed for corporate defendant and individual defendant who … Continue reading

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Embroidery Industries, Inc., v. RVC Enterprises, LLC, ROC Fashions, LLC, and Aussie Fashions, LLC., Index No. 652827/2012, 10/7/2014 (Sherwood, J.).

By Kevin Wong | Staff Writer Breach; contract; Default Judgment; damages Plaintiff sued defendants for alleged non-payment for goods. Plaintiff’s motion seeking default judgment in the amount of $942,079.21 plus interest, costs, and disbursements was unopposed because of the defendants’ … Continue reading

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ZV NY, Inc. v. Moskowitz, Index No. 650581/2014, 08/27/2014 (Bransten, J).

By Jennifer Branca | Staff Writer Contracts: Breach; Notice to Cure; Motion For Summary Judgment: CPLR 3212(b); Recusal: 22 NYCRR 100.3 (B)(9)(b); Industry: Real Estate. Plaintiff, tenant, commenced an action seeking a Yellowstone injunction and declaratory judgment that it had rectified … Continue reading

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National Grid v. Albany Engineering Corp., NY Slip Op 51463(U) (2014) (Platkin, J.).

Contract; breach; affirmative covenant; breach; deed; privity; running with the land; perpetual burden By: Michael Vandermark Plaintiff, Niagara Mohawk (“Niagara”), a power corporation, brought an action seeking a judicial determination that it was not obligated to perform under a covenant in … Continue reading

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Richter + Ratner Contracting Corp. v. Estate 4 Capital, LLP, Index No. 112469/2011, 9/16/14 (Schweitzer, J.).

By Caroline Faughnan | Staff Writer Contract; breach; promissory estoppel. Defendants are the owner and developer and the on-site representative for commercial property.  Plaintiff is a construction company who assumed the role of construction manager (PCPM) during the preconstruction phase … Continue reading

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