New York State Court of Appeals Breach of Contract Sole Remedy Clause — Statutory Interest J. D’Addario & Company v. Embassy Industries, Inc. No. 192 Judge Lippman Background: The defendant had agreed to sell commercial real property to the plaintiff. ...

Tagged with: breach of contract New York State Court of Appeals

U.S. Court of Appeals for the Second Circuit Breach of Contract Third-party Beneficiaries — Investment Portfolios Bayerische Landesbank, New York Branch, et al. v. Aladdin Capital 11-4306 Judges Livingston, Lohier and Rakoff Background: The plaintiffs appealed from the dismissal of ...

Tagged with: breach of contract u.s. court of appeals for the second circuit

U.S. Court of Appeals for the Second Circuit Securities Fraud Breach of Contract Capital Management Select Fund Ltd., et al. v. Bennett et al. 08-6166-cv (L) Judges Winter and Pooler Background: Former customers of Refco Capital Markets Ltd. appealed from ...

Tagged with: breach of contract Securities Fraud u.s. court of appeals for the second circuit

Appellate Division, Fourth Department Breach of Contract Omitted Term – Ambiguity Zoladz Construction Co. Inc. v. County of Erie CA 11-01026 Appealed from Supreme Court, Erie County Background: The plaintiff had entered into a contract with the defendant requiring the ...

Tagged with: Appellate Division breach of contract Fourth Department

Appellate Division, Fourth Department Breach of Contract Force Account Crane-Hogan Structural Systems Inc. v. State of New York CA 10-02278 Appealed from Court of Claims Background: The claimant had brought an action seeking damages for the defendant’s breach of a ...

Tagged with: Appellate Division breach of contract Fourth Department

U.S. District Court, WDNY Breach of Contract Fraudulent Inducement Barry v. Corning Natural Gas Corporation 07-cv-6388L Judge Larimer Background: The plaintiff, a former employee of the defendant, commenced this action for breach of contract and for specific performance as the ...

Tagged with: breach of contract U.S. District Court WDNY

U.S. Court of Appeals for the Second Circuit Breach of Contract Good Faith L-7 v. Old Navy 10-573-cv Judges Jacobs, Hall and Scheindlin Background: The plaintiff appealed from a judgment on the pleadings that dismissed five counts asserted in the ...

Tagged with: breach of contract u.s. court of appeals for the second circuit

U.S. District Court, WDNY Franchise Agreement Breach of Contract @Wireless Enterprises Inc. v. AI Consulting LLC 04-cv-06435 Judge Siragusa Background: @Wireless Enterprises was the non-exclusive sales agent for Verizon wireless’ cellular radio services. The contract provided that Verizon could terminate ...

Tagged with: breach of contract U.S. District Court WDNY

U.S. Court of Appeals for the Second Circuit ERISA Breach of Contract — Preemption Montefiore Medical Center v. Teamsters Local 272, et al. 10-1451-cv Circuit Judges Cabranes, Pooler and Chin Background: On appeal from the U.S. District Court for the ...

Tagged with: breach of contract ERISA preemption u.s. court of appeals for the second circuit

U.S. District Court, WDNY  Patent Infringement  Breach of Contract  GSC Technologies Corporation v. Umbra LLC 07-CV-461 Judge Skretny  Background: Presently before the court are the plaintiff GSC Technologies Corporation’s motion for judgment on the pleadings seeking dismissal of the defendants’ counterclaims ...

Tagged with: breach of contract patent infringement U.S. District Court WDNY

Appellate Division, Third Department Breach of Contract Modification of Trial Court’s Finding on Facts Richmor Aviation Inc. v. Sportsflight Air Inc. 509735 Appealed from Supreme Court, Columbia County Background: In June 2002, the defendant entered into a contract with the ...

Tagged with: Appellate Division breach of contract Third Department

U.S. Court of Appeals, Second Circuit Breach of Contract Stock Options — Valuation Fishoff v. Coty Inc. 10-536-cv Appealed from the Southern District of New York Background: This appeal is from a district court judgment in which the court awarded ...

Tagged with: breach of contract Second Circuit U.S Court of Appeals