In the bustling world of New York commerce and personal agreements, contracts are the lifeblood that formalizes trust and defines expectations. But what happens when that trust is broken, and a promise is unfulfilled? This is where the legal concept of breach of contract comes into play. A breach of contract claim is a common…
Read More Broken Promises: Understanding Breach of Contract in New YorkYou may have heard about Netflix’s docuseries, “Pepsi, Where’s My Jet?”, an entertaining exploration of the backstory behind John Leonard’s mid-1990’s attempt to trade in 7 million “Pepsi Points” that he had acquired for a Harrier jet allegedly offered by the company in its disclaimer-less commercial. It’s a fascinating story that culminates in (spoiler alert)…
Read More Leonard v. PepsiCo: No Jet For YouIn Mezinev v. Donald Smith & Co., Inc., 161367/2017, 2020 NY Slip Op 33429 (N.Y. Sup. Ct. N.Y. Cty. Oct. 9, 2020), the court, inter alia, dismissed defendant employer’s counterclaims for breach of contract, breach of fiduciary duty, and violation of the faithless servant doctrine. Plaintiff commenced this action seeking damages for alleged employment discrimination…
Read More Employer’s Breach of Contract Claim, Based on Alleged Secret Recording of Conversations in the Workplace, DismissedIn Lord v. Marilyn Model Mgt., Inc., 2019 NY Slip Op 05093 (App. Div. 1st Dept. June 25, 2019), the court reversed the lower court’s dismissal of plaintiff’s claim for breach of contract arising from defendant’s failure to pay him severance. The facts, as summarized by the court: As alleged in the complaint, plaintiff was…
Read More Modeling Scout Sufficiently Alleges Claims Relating to Failure to Pay Severance, First Department HoldsIn Pozner v. Fox Broadcasting Co., 2018 NY Slip Op 30581(U), 2018 WL 1609513 (N.Y.Sup. Ct. Index 652096/2017 April 2, 2018), the court held that Fox Broadcasting stated a counterclaim for breach of contract, but not for breach of fiduciary duty, against a former executive vice president who was terminated from his employment based on…
Read More Fox Broadcasting Counterclaims Survive in Part Against Executive Terminated Due to Sexual Harassment AllegationsIn Grewal v. Cuneo Gilbert & LaDuca LLP, No. 13-CV-6836 (RA), 2017 WL 1215752 (S.D.N.Y. Mar. 31, 2017), the court denied defendants’ motion for summary judgment on the plaintiff’s breach of contract claim, but granted it as to her national origin-based hostile work environment claims. In this case, plaintiff – a lawyer of Indian national…
Read More Lawyer’s Breach of Contract Claim Survives Summary Judgment; National Origin Discrimination/Hostile Work Environment Claims DismissedIn a lawsuit filed on March 25, 2016 in Manhattan federal court, Durazzo v. BRG West Village LLC 16-cv-02232, the plaintiff alleges that he was denied the opportunity to purchase his West Village Apartment because he has cancer, in violation of the federal Fair Housing Act. (He also asserts claims for breach of contract.) The federal Fair…
Read More Fair Housing Act Lawsuit By Cancer Patient Denied Opportunity to Purchase West Village ApartmentIn Connolly v. Napoli Kaiser Bern LLP, 2012 NY Slip Op 50075(U) (NY Sup Ct. NY Cty. 105224/05) (J. Madden), the court held that plaintiff (an attorney) presented sufficient evidence – pursuant to the narrow public policy exception to the “at-will” employment rule established by the Court of Appeals in Wieder v. Skala, 80 NY2d…
Read More Lawyer’s Wrongful Termination Suit Survives Under Narrow Public Policy Exception to “At Will” Employment Rule