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Injunctions and NY Breach of Contract Claims: Questions to Consider


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1/1/2016
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Even popular musicians are not immune to breach of contract claims in New York. When two parties enter into a contract, if one party does not uphold his or her end of the bargain, the circumstances may give rise to a breach of contract action. In some cases, the plaintiff in a breach of contract action may attempt to seek injunctive relief. An injunction is a court order not to engage in a certain activity.

In a recent breach of contract action filed in federal court, country music star Tim McGraw was accused of breaching his agreement with a record company. The company sought injunctive relief to prevent the singer from releasing any further music until McGraw upheld his obligations under the agreement. Unfortunately for the company, the judge denied the request for the injunction.

Similarly, injunctions are difficult to obtain in New York as part of a breach of contract claim. In this state, a judge may consider the following questions when deciding whether to grant injunctive relief:

  • Would these actions, which the plaintiff is trying to prevent from happening, harm the plaintiff’s interests?
  • Could the plaintiff ever be made whole through an award of monetary compensation if the defendant is allowed to take the actions in question?
  • Does the defendant possess certain information that is confidential and irreplaceable?
  • Is the defendant holding that information hostage?
  • Do extraordinary or unique circumstances exist which support the need for granting an injunction?

To learn more about seeking an injunction after a New York breach of contract, contact an experienced New York business litigation lawyer today. Call our office at (888) 497-3410 for a free consultation.



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