Breach of Contract

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In 14 Street Medical, P.C. v. Khan, No. 152388/2023, 2023 WL 7924835 (N.Y. Sup Ct, New York County Nov. 16, 2023), the court, inter alia, granted the defendant’s (here, the employee, sued for breach of contract) counterclaim for “constructive discharge” under the New York State and City Human Rights Laws. In sum, the plaintiff (a…

Read More Constructive Discharge Claims Dismissed; Alleged “Unpleasant” and “Difficult” Working Conditions Were Insufficient
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In Caputo v. Iesi NY Corp., No. 150594/2018, 2023 WL 5167701 (N.Y. Sup Ct, New York County Aug. 11, 2023), the court held that summary judgment was inappropriate on plaintiff’s claims of discrimination and retaliation. From the decision: Here, issues of fact preclude summary judgment on all claims related to discrimination and retaliation. Plaintiff and…

Read More Summary Judgment on Disability Discrimination, Retaliation Claims Not Warranted in Light of Conflicting Interpretations of Evidence
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In Christmas House USA, Inc. v. Christmasland Experience LLC et al, No. 22 CV 7691 (GRB), 2022 WL 17852025 (E.D.N.Y. Dec. 22, 2022), the court considered claims of trade secrets misappropriation, trademark infringement, breach of contract and tortious interference with business relationships. The plaintiff, which operates “a fully immersive Christmas-themed experience,” asserts such claims against…

Read More Christmas Business’ Injunction Request Denied
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You 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 You
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In Simons v. Lee Litigation Group, PLLC et al, No. 151692/2020, 2021 WL 3624940 (N.Y. Sup Ct, New York County Aug. 12, 2021), the court granted plaintiff’s motion for summary judgment against the defendants for breach of contract (settlement agreement). In sum, the parties reached a settlement, the terms of which were memorialized in a…

Read More Settlement Agreement Enforced, Notwithstanding FLSA Provision in Generic Release Provision
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Ordinarily on this blog I write about substantive and procedural legal issues arising in employment and personal injury litigation. But recently, the U.S. Court of Appeals for the Second Circuit issued a decision (more precisely, a “Summary Order”) that is instructive on an issue that potentially arises in litigation of all types, namely, the interpretation…

Read More Second Circuit: “As Of”, in Settlement Agreement, Means “On”
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A recent case, Lord v. Limited Liab. Co., 2021 NY Slip Op 50512(U) (NY Sup. Ct. Westchester County June 2, 2021), involves a scenario that is increasingly commonplace in light of the COVID-based lockdowns beginning in 2020: patrons enter into a contract with a venue/caterer to provide the location, catering, staff, etc. for an event;…

Read More COVID Refund Due to Bat Mitzvah Client Per Catering Contract, Court Rules
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In a recent case, Michael J. Redenburg, Esq. PC v. Midvale Indemnity Company, 20-cv-05818, 2021 WL 276655 (S.D.N.Y. Jan. 27, 2021), the court, inter alia, granted defendant insurance company’s motion to dismiss the plaintiff attorney’s complaint, which sought a declaration that the firm’s commercial property insurance policy covered its losses caused by stay-at-home and social-distancing…

Read More “Virus Exclusion” Defeats Attorney’s Insurance-Coverage Claim
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In Williams v. Rhythm of Life Corp., No. 652707/2020, 2021 WL 143487, 2021 N.Y. Slip Op. 30139(U) (N.Y. Sup Ct, New York County Jan. 14, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s breach-of-contract claim arising from his alleged wrongful termination. In sum, in this case plaintiff asserts “that the defendant wrongfully…

Read More Dance Teacher Stated Claim For Breach of Contract Following Termination For Allegedly False Accusations of Sexual Harassment
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Today, November 3, 2020, is (among other things) “National Sandwich Day.” Popularized in 18th century England by the 4th Earl of Sandwich, the sandwich has become a staple of the American lunch and an integral part of American pop culture. You may be wondering why I put the word “sandwich” in quotation marks in the…

Read More Happy National “Sandwich” Day!
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