breach of contract

Court Determines New York Proper Venue for Corporate Raiding Lawsuit Against California Insurance Broker: Aon Risk Servs., Northeast v Cusack

Matthew D. Donovan
March 20, 2012 20:00

In a February 28, 2012, decision by Justice Fried, the court denied in part and granted in part defendant-employee’s motion to dismiss under CPLR 3211. The court also denied defendant-employer’s motion to dismiss under CPLR 327. Plaintiff Aon sued its former employee and his...

Agreement to Agree is Unenforceable: Foster v Kovner

Hillary A. Frommer
March 13, 2012 18:28

In a January 17, 2012 decision by Justice Kapnick, the court granted the defendants’ motion for summary judgment and dismissed the entire complaint which asserted claims for breach of a compensation agreement, breach of a joint venture agreement seeking a determination that the plaintiff was...

Update on Coverage for Trademark Infringement Claims: 2011 was a busy year!

March 08, 2012 20:38

        In the past year, numerous courts have addressed whether various intellectual property claims were covered under the commercial general liability (“CGL”) policy. There is no question that Coverage B, the “personal and advertising...

Dispute Over Ownership of Family Business Keeps Conversion Claim Regarding Business Records Alive: Gardner v Leitgeb & Vitelli, LLP

Matthew D. Donovan
March 06, 2012 20:30

In a February 17, 2012, decision by Justice Emerson, the court granted defendants’ motion for summary judgment dismissing plaintiffs’ claims for breach of fiduciary duty, breach of contract, and professional malpractice but denied defendants’ motion as to plaintiffs’...

Motion for Leave to Amend Complaint Denied in Part, Granted in Part: Blinds & Carpet Gallery, Inc. v EEM Realty, Inc.

March 06, 2012 20:23

In a February 1, 2012 decision by Justice Schmidt, the court denied the plaintiffs’ (BCG) motion to amend its complaint and granted the defendant’s (EEM’s) cross-motion for summary judgment with respect to five of six proposed causes of action, and granted BCG’s motion to...