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Law Offices of Jonathan M. Cooper

Long Island & Queens, New York Negligent Supervision, Defective Product & Accident Lawyer Blog


The blog by published author of the Free book on New York accident claims, "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," as well as the New Yorker's guide to defective product claims, "Why Are There So Few Successful Defective Products Lawsuits?" is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of school negligence (and/or negligent supervision), construction accidents, slip and/or trip and fall accidents, auto accidents, and, of course, defective or dangerous products.

For additional information on any of these topics, readers are encouraged to download these Free e-books on New York personal injury claims

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6/29/2016
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How a NY Contractor Was Bilked Out of Fees for "Extra Work"

This case is an object lesson in what can happen when you fail to memorialize your change work orders in writing, explains Jonathan Cooper

Category: Breach of Contract

6/28/2016
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Bad Law Forces Court to Deny Insured Recovery of Legal Fees

Despite a clear finding that the insurer had wrongly disclaimed coverage, the trial court's hands were tied by a bad law that disallowed recovery of legal fees

Category: Breach of Contract

6/2/2016
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NY Court: E-Mail Alone Constitutes Valid Written Agreement

Surprising as it may sound, there are times that an email alone can be considered enough to prove the parties had an agreement - at least under NY law

Category: Breach of Contract

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4/21/2016
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Why "Merely Speculative" Damages Means You Lose in Court

There are certain basic things you need to prove to win a breach of contract claim, and it can't be guesswork or just wishful thinking, says Jonathan Cooper

Category: Breach of Contract

3/30/2016
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NY Court: Financial Advisors Aren't Professionals

While financial advisors might take offense at being told they aren't "professionals," they shouldn't. It means they face far less liability to being sued

Category: Breach of Contract

3/29/2016
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The Single, Best Way to Protect Your Broker's Commissions

If you are an insurance broker, and were wondering how you are supposed to protect against having your commission agreement breached, here's your roadmap.

Category: Breach of Contract

3/9/2016
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Bad Faith Found, Allstate Liable for Consequential Damages

I found myself cheering when the Westchester County trial court hit Allstate for its bad faith refusal to honor this signfiicant, and righteous insurance claim

Category: Breach of Contract

3/7/2016
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The Best Defense to Tortious Interference Claims in New York

When it comes to tortious interference with contract claims, one of required elements makes it tough to prove your case under NY law, says Jonathan Cooper

Category: Breach of Contract

3/3/2016
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The Most Critical Factor to Establishing Waiver as a Defense

There is one clearly important factor to establish before a court will even consider waiver as a defense, says NY breach of contract attorney Jonathan Cooper

Category: Breach of Contract

3/2/2016
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The Different Ways an Insurance Broker Can Be Liable in NY

There are some circumstances where an insurance broker can be held on the hook when your insurer doesn't own up, explains Jonathan Cooper

Category: Breach of Contract

2/3/2016
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When Other Side Signals it Will - But Hasn't Yet - Breached

You may not have to wait until the breach of your contract is final before taking steps to protect yourself, explains NY contract breach lawyer Jonathan Cooper.

Category: Breach of Contract

1/29/2016
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Co. Lies About Discovery, Gets Caught; and Gets Hit for $2MM

Let there be no mistake: if you're lying in order to stonewall your adversary, and it's obvious to a Federal Judge, you do so at your own peril.

Category: Breach of Contract

1/28/2016
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How Buyer's Mistake Allowed Seller to Keep Downpayment in NY

An avoidable mistake allowed a seller to keep the buyer's downpayment as damages, explains NY breach of contract lawyer Jonathan Cooper

Category: Breach of Contract

1/28/2016
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Why Lacking a Valid Contract Doesn't Have to Mean You Lose

Just because a court finds that you didn't have a valid, enforceable agreement doesn't inherently mean you're completely out of luck, says Jonathan Cooper

Category: Breach of Contract

1/27/2016
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NY Court Denies Commission Salesman Statutory Damages, Fees

A NY trial court's decision serves as an important reminder about paying attention to the fundamentals in breach of contract actions in New York.

Category: Breach of Contract

1/26/2016
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Disclaimer Rejected, Insurer Liable for Insured's Legal Fees

A NY trial court decision from a few years back serves as an important reminder why it pays - sometimes - to fight an insurer's disclaimer of coverage

Category: Breach of Contract

1/22/2016
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When Third Parties (aka Non-Parties) Can Enforce a Contract

Strange as it may sound, there are times that non-signatories to an agreement can still enforce the contract against the parties, explains Jonathan Cooper

Category: Breach of Contract

1/21/2016
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Wrong View of Law Costs Client Other Side's Legal Fees

In a David v Goliath case I recently tried to verdict, the defendant was forced to pay my client's legal fees - because their lawyer was dead wrong on the law

Category: Breach of Contract

1/16/2016
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Unpaid Commissions Claim Survives, Despite Lack of Writing

A New York Appellate Court refused to dismiss the unpaid commissions claim of an at-will employee, even though the agreement wasn't reduced to writing

Category: Breach of Contract

1/14/2016
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No Written Agreement? No Problem, Says NY Court

Just because your agreement wasn't reduced to writing doesn't necessarily mean that you don't have to pay for services received, says Jonathan Cooper

Category: Breach of Contract

1/12/2016
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No, You Can't Avoid Judgment by Just Transferring Assets

A recent verdict by a federal jury against a successor corp. serves as a cautionary tale against transferring assets to avoid a judgment, says Jonathan Cooper

Category: Breach of Contract

1/10/2016
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Not All Illegal Contracts Are Created Equal - At Least in NY

Just because a contract is illegal doesn't automatically mean it's unenforceable under New York law, explains Jonathan Cooper

Category: Breach of Contract

1/8/2016
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Some Lesser-Known Ways to Recover for Breach of Contract

There are several lesser-known kinds of breach of contract. Before just taking your lumps, it may behoove consumers to make sure that they have no legal recourse

Category: Breach of Contract

1/7/2016
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When a New York Court Rejects Your Liquidated Damages Clause

Just because a New York court invalidated your liquidated damages clause doesn't mean you are without recourse, says NY breach of contract lawyer Jonathan Cooper

Category: Breach of Contract

1/1/2016
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When Your New York Contract Is Unclear

Somewhat surprisingly, in the majority of breach of contract cases I get called about, the contract does not clearly address - and sometimes does not even discuss at all - the issue that led to the claim.

Category: Breach of Contract

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