Tag Archives: Contract

Turner Constr. Co. v US Framing Inc., Index No. A00193/2013, 11/06/15, (Platkin, J.)

Contract; breach; Repudiation; Rescission By Lauren Tucker | Staff Writer Plaintiff is a construction company, who entered into a contract with a non-party to provide general construction services. Defendant is a framing company. Plaintiff entered into a contract (“Subcontract”) with … Continue reading

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Nassau Cnty. v. New York State Urban Dev. Corp Index No. 002750-04/2015, 3/30/15 (Destefano, J.)

Contract; breach; motion to dismiss; affirmative defense; consideration. By Judith Balasubramaniam | Staff Writer Plaintiff is Nassau County. Defendant is a public benefit corporation of New York. The New York legislature appropriated funds to defendant towards the construction of an … Continue reading

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HMS Holding Corp. v. Arendt, Index Number A754/2014, 07/14/15 (Platkin, J.)

Contract; Trade Secrets By Brian White | Staff Writer Public Consulting group, Inc. (“PCG”) was Plaintiff’s competitor. In 2006, Plaintiff purchased PCG’s entire third party liability business (“TPL”). Plaintiff hired Curtin to be COO. Curtin signed a one-year post-termination noncompetition … Continue reading

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Affordable Hous. Assoc., Inc. v. Town of Brookhaven, Index No. 34138/2010, 7/29/15 (Emerson, J.)

Contract; Breach of Contract; Continuing-Wrong Doctrine. By Roshnee Sukhnandan | Staff Writer Defendant hired plaintiff to assist in developing wireless telecommunications towers on defendant’s properties. The parties entered into a written contract in which the plaintiff agreed to identify specific … Continue reading

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Webster Bank, N.A. v. Dibello Batista, Index No. 450520/14, 1/13/15 (Ramos, J.)

Contract; standby creditor agreement; notice; condition precedent. By Caroline Faughnan | Staff Writer Defendants were shareholders of a corporation. Plaintiff bank financed the purchase of defendant’s shares from borrowers. This stock purchase agreement (“SPA”) was contingent upon the execution of … Continue reading

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Morgan Stanley Mortgage Loan Trust 2007-2AX v. Morgan Stanley Mortgage Capital Holdings LLC, Index No. 650339/2013 (Friedman, J.)

Contract; breach; Residential Mortgage-Backed Securities. By Evan Jaffe | Staff Writer Plaintiff, as Trustee, brought suit for breach of contract for a residential mortgage-backed security (RMBS). Plaintiff alleged Defendant Morgan Stanley, as “sponsor” and “seller” of the Trust, selected the mortgage loans … Continue reading

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PS Food Corp. v. Granville Payne Retail, LLC, Index No.16438/2013, 11/10/14 (Demarest, J.)

­­Contract; lease; equitable estoppel; Yellowstone injunction. By Michael Farinacci | Managing Editor Plaintiff-tenant entered into a lease agreement with Defendant-landlord for the operation of a supermarket. Under the lease, tenant was responsible for the installation and maintenance of a fire sprinkler system … Continue reading

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Gordon v. Verizon Communications, Inc., Index No. 653084/13, 12/19/2014 (Schweitzer, J.)

Contract; Breach of Fiduciary Duty; Shareholder Derivative Claims; Class Action; Settlement Agreements; Supplemental Disclosures; Fairness Opinions; Legal Fees. By Jennifer Branca | Editor-In-Chief Plaintiffs, shareholders in defendants company, sought to void defendants, broadband and telecommunications company, buyout of a minority stake … 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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