Defenses to Breach of Contract

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I just dealt with these defenses in a recent case: accord and release and waiver. Here are the legal standards:   Read more

You Have a Cause of Action … Now What?

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So you have a case to file but the question is, where and in what court do I file? In New York State, there is a Supreme Court in each of the counties. Each one is a court of general jurisdiction.  Read more

How Do You Actually Breach a Contract?

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While many business litigation cases commonly include a breach of contract claim, what does it actually entail? Here is a quick excerpt from one of my briefs explaining what a breach actually is:  Read more

Failure to Plead Fraud with Specificity

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CPLR §3016(b) requires fraud claims to be pleaded with specificity. The required elements of a cause of action for fraud are: “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” Eurycleia Partners, LP v. Seward & Kissel, LLP, 12 N.Y.3d 553, 559 (2009). “CPLR § 3016 (b) is satisfied when the facts suffice to permit a “reasonable inference” of the alleged misconduct.” Id.

If you have any legal questions or need help with a fraud claim, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar.

Time Barred Claims – When Is It Too Late to Sue Under GBL §349?

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A court may dismiss a claim if parties assert the claim beyond the statutory time limit. CPLR §3211(a)(5) authorizes the Court to dismiss a cause of action on the ground that “a relevant statute of limitations has expired.” I recently briefed this in the context of a GBL §349 claim for consumer deception where the claim was asserted more than 3 years after the alleged act.  Read more

Contract Interpretation and the Parole Evidence Rule

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When a contract is disputed as to its intent or terms, parties cannot simply throw every piece of evidence they may have collected to persuade the court of the contract’s true meaning. Courts use the Four Corners approach and the Parole Evidence Rule to determine contradictory intent from within the four corners of the document when it is clear and unambiguous. Here is an excerpt from one of my recent briefs in a breach of contract case explaining the standard of contract interpretation:  Read more