Breach of Contract

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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In 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, Dismissed
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In Hodge v. ABACO, LLC, 20-1186-cv (2d Cir. Oct. 9, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s breach of contract claim, based on the language of an offer letter by plaintiff’s employer. Plaintiff began working for defendant on October 1, 2018. Before that,…

Read More Breach of Employment Contract Claim Dismissed; Offer Letter Did Not Contain Guarantee of Employment of Five Years
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In Parneros v. Barnes & Noble, Inc., 2020 WL 5350531 (S.D.N.Y. Sept. 3, 2020), the court denied defendant’s motion for summary judgment on plaintiff’s claim that Barnes & Noble violated the implied covenant of good faith and fair dealing by firing him mere days before the equity payment for the prior year, when he served…

Read More Barnes & Noble CEO May Proceed on Claim of Breach of the Covenant of Good Faith and Fair Dealing
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In Woodard v. Reliance Worldwide Corp. (2d Cir. Sept. 3, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s claim for breach of an employment contract and the alleged entitlement to a $500,000 bonus. Here are the facts, as summarized by the court: Woodard’s employment with John Guest USA was governed by an executive…

Read More $500,000 Bonus Not Obtainable Via Implied Covenant of Good Faith & Fair Dealing
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