New York law generally does not favor non-compete agreements, viewing them as unreasonable restraint of trade. As a result, New York courts apply a rigorous standard when deciding whether to enforce these restrictive...more
In Castle Restoration & Constr., Inc. v Castle Restoration, LLC, Suffolk County Commercial Division Justice Elizabeth H. Emerson refused to enforce an oral agreement that allegedly modified a prior written agreement between...more
3/21/2022
/ Breach of Contract ,
Commercial Court ,
Commercial Litigation ,
Contract Drafting ,
Contract Terms ,
Default ,
Oral Modification ,
Promissory Notes ,
Sale of Assets ,
Statute of Frauds ,
Summary Judgment ,
Written Agreements
A cause of action accrues, triggering the commencement of the statute of limitations period, when “all of the factual circumstances necessary to establish a right of action have occurred, so that the plaintiff would be...more
A life lesson you likely heard growing up applies to contracts: take a hard look at yourself before criticizing others. By the same token, a party who is in material breach of a contract cannot succeed on a claim alleging an...more
Consider this situation: You are a shareholder of a company who is about to enter into a contract with a third party. But you know that this is a bad deal that will negatively impact the company....more
8/27/2019
/ Breach of Contract ,
Business Litigation ,
Cause of Action Accrual ,
Commercial Court ,
Failure To State A Claim ,
Financial Adviser ,
Motion to Dismiss ,
Shareholders ,
Statements of Economic Interest ,
Tortious Interference ,
Transaction Fees
Reflecting on your first year of law school, you begrudgingly remember learning about personal jurisdiction and the long-arm statute. As a commercial litigator, one of your first questions in representing a defendant should...more
4/29/2019
/ Breach of Contract ,
Construction Disputes ,
Covenant of Good Faith and Fair Dealing ,
CPLR ,
Development Agreements ,
Implied Covenants ,
Lack of Jurisdiction ,
Litigation Strategies ,
Long Arm Statute ,
Motion to Dismiss ,
Personal Jurisdiction ,
Redevelopment ,
Sales
You have been engaged in extensive motion practice in the Supreme Court of the State of New York. You learn that your adversary, it appears, has taken a position contrary to the one taken in a prior proceeding. These...more
Your client wants to recover damages for breach of contract and demands that you assert as many causes of action as possible. In addition to the breach cause of action, you consider a declaratory judgment claim, right? ...more
9/7/2018
/ Breach of Contract ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Hurricane Sandy ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Motion to Dismiss ,
Pleading Standards ,
Property Damage ,
Property Insurance ,
Real Estate Market