The manner in which you draft a complaint is vital to the success of your breach of contract lawsuit. In New York, the court can dismiss the complaint if you fail to address all of the key elements that must be proven in order to succeed on a breach of contract claim. This may be the case even if the other party is clearly in breach of the agreement.
For example, Dennis Green, coach of the Sacramento Mountain Lions of the United Football League, recently filed a breach of contract claim against the team owners. In his lawsuit, Green alleges that he has not been paid his salary or reimbursed for his expenses, all as agreed upon in his contract. If Green had filed his breach of contract action in New York, it would be vital that his complaint allege all of the following:
- That there was an enforceable agreement between the parties
- That Green fulfilled his obligations under the contract
- That the team owners breached the contract
- That Green sustained damages as a direct result
If Green failed to properly structure his pleading, the action could be thrown out—regardless of whether the team owners breached the agreement. It is therefore vital that any individual seeking to bring a New York breach of contract lawsuit consult a legal professional for guidance. An experienced New York breach of contract lawyer can assist you in effectively filing a pleading.
To learn more about bringing a claim against the other party to your agreement, contact an experienced New York breach of contract attorney for more information. Call our office today at (888) 497-3410 for a free consultation.