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Law Offices of Jonathan M. Cooper

New York Noncompete, Trade Secret & School Negligence Blog

This blog by the six-time published author Jonathan Cooper, is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of non-compete agreements, breach of contract matters, school negligence (and/or negligent supervision), construction accidentsslip and/or trip and fall accidentsauto accidents, and, of course, defective or dangerous products

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1/1/2016
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How Disclaimers in a Contract Can Defeat a Breach of Implied Warranty Claim Under NY Law

I was recently confronted with an interesting question: an old acquaintance of mine paid for an exclusive license to market and sell a certain technology that was patented. There

Category: Breach of Contract

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1/1/2016
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Why It's So Hard to Prove the Breach of an ERISA Severance Plan In NY

although an employee may, as a general rule, bring a common law (i.e., non-statutory) breach of contract claim based upon the failure of an employer to live up to their end of the deal of a severance agreement.

Category: Breach of Contract

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1/1/2016
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How Some Important Exceptions to NY's Statute of Frauds Can Sustain a Breach of Contract Action

In a Westchester County case that was reported upon in today's New York Law Journal, HP Hood, LLC v. Diamond D Realty, Inc., the plaintiff sought to recover over $1.5 million owed by the defendant for dairy products.

Category: Breach of Contract

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1/1/2016
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Finding Proof Insufficient to Pierce the Corporate Veil, Suffolk Court Dismisses Breach of Contract Claim

If the unsubstantiated claims of this plaintiff are actually true, then I feel bad for the plaintiff.

Category: Breach of Contract

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1/1/2016
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How to Recover Legal Fees in a NY Breach of Contract Case

There are some limited instances where you can recover your legal fees for a breach of contract under New York law, explains Jonathan Cooper.

Category: Breach of Contract

1/1/2016
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How to Prove the Breach of a Broker's Commission Agreement Under NY Law

It should come as no surprise that as the economy continues to sputter, falter, or whatever your term of choice may be, that many real estate brokers have taken an increasingly aggressive stance in protecting their commissions.

Category: Breach of Contract

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1/1/2016
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When An Oral Agreement Is Perfectly Valid Under New York Law

One of the most common - and potent - defenses to a breach of contract case is that the agreement was never reduced to writing; but there are exceptions

Category: Breach of Contract

11/30/2015
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Think Altering Your Documents is No Biggie? Think Again.

A few years back, a NY attorney learned - the hard way - some of the really bad stuff that happens when you're caught altering documents, explains Jonathan Cooper

Category: Breach of Contract

11/10/2015
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When You Aren't Paid for the Work You've Done in New York

Sometimes, when your aren't paid for the goods provided or the services rendered, the right move is to cut your losses and move on

Category: Breach of Contract

11/3/2015
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When Cases Degenerate to Throw at the Wall & See What'll Stick

Having just concluded a breach of contract trial on Long Island, I was struck by how my adversary reduced his argument to a shotgun approach

Category: Breach of Contract

10/28/2015
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Constructive Fraud: How to Recover Money When They Cut & Run

A business owner's nightmare - that the other side to your agreement breaches and then tries to run away by divesting assets - may have a silver lining

Category: Breach of Contract

10/14/2015
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How Liquidated Damages Clauses Apply in the Noncompete Realm

There is an increasing trend towards liquidated damages clauses in employment agreements. But are they enforceable in New York? Jonathan Cooper explains

Category: Breach of Contract

10/13/2015
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Oral Contracts for Real Estate Can Be Enforceable - Sometimes

True, failing to reduce a real estate to writing is often fatal to a claim; but not always, explains NY breach of contract lawyer Jonathan Cooper

Category: Breach of Contract

10/9/2015
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Why Playing "Gotcha" on Stupid Details is a Terrible Idea

Trying to play "gotcha" with your adversary in litigation over every small detail is an awful idea, explains NY commercial litigation lawyer Jonathan Cooper

Category: Breach of Contract

9/17/2015
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No Closing, No Broker's Fee, Says Manhattan Court

When the buyer backed out of the purchase of a condominium unit, the broker had to refund the advance he took against his commission, said a NY trial court.

Category: Breach of Contract

8/24/2015
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Why Real Estate Developer Can Recover Reliance Damages in NY

Where a developer of land breaches a real estate development contract and doesn't close, the seller can recover his reliance damages, explains Jonathan Cooper

Category: Breach of Contract

8/18/2015
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How Exaggerating a Mechanic's Lien Can Come Back to Bite You

A decision from New York's Appellate Division sent a clear reminder how exaggerating a mechanic's lien can come back to bite you, explains Jonathan Cooper

Category: Breach of Contract

5/20/2015
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Email Alone Can Qualify as a Contract, Says NY Appeals Court

Recognizing how business has changed, NY's courts have allowed, in some cases, parties to prove a breach of contract claim that was only made via email

Category: Breach of Contract

3/17/2015
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In Breach of Contract Case, When Does Interest Start to Run?

Though not commonly known, there many cases in which you can recover interest from a defendant in New York, explains litigation attorney Jonathan Cooper

Category: Breach of Contract

2/11/2015
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NY Property Seller's Damages When the Buyer Backs Out

If a buyer backs out of your real estate deal, you aren't limited to recovery of the downpayment, explains L.I,, NY breach of contract lawyer Jonathan Cooper

Category: Breach of Contract