Tag Archives: breach of contract

Building Exterior Servs. Trust of N.Y. v A.W. Farrell & Son, Inc., Index No. 900983-2015, 3/16/2016, (Platkin, J.)

Breach of Contract, Statute of Limitations, Contract Interpretation, CPRL 3211; Fiduciary Duty By: Aaron Jacob | Staff Writer The New York State Roofing Contractors Compensation Trust (RCCT) was made up of former members, all of whom held varying roles in … Continue reading

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Ace Securities Corp., HOME EQUITY LOAN TRUST, by HSBC BANK USA v. DB Structured Products Inc., 3/29/16 (Friedman, J,)

Motion to Dismiss; Breach of Contract; Statute of Limitations; CPLR 205(a); Condition Precedent By: Julie Lavoie | Staff Writer Plaintiff, HSBC Bank USA, National Association (“HSBC”), is the trustee of a residential mortgage backed securities (“RMBS”) trust. Defendant, DB Structured … Continue reading

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Universal Inv. Advisory SA v. Bakrie Telecom PTE, Ltd., Index No. 652890/2014, 04/18/15 (Scarpulla, J.)

Breach of Contract, Fraud; Aiding and Abetting Fraud; Risk Disclosure ; CPLR §3211(a)(7). By: Anastasia Galstian | Staff Writer Plaintiff was a shareholder Defendant, an Indonesian phone company. Defendant issued a bondholder notice to Plaintiff stating it was negotiating with … Continue reading

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Affordable Hous. Assoc., Inc. v. Town of Brookhaven, Index No. 34138/2010, 7/29/15 (Emerson, J.)

Contract; Breach of Contract; Continuing-Wrong Doctrine. By Roshnee Sukhnandan | Staff Writer Defendant hired plaintiff to assist in developing wireless telecommunications towers on defendant’s properties. The parties entered into a written contract in which the plaintiff agreed to identify specific … Continue reading

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RAD & D’Aprile Inc. v Arnell Constr. Corp., 502464/2014 (Demarest, J.)

Breach of contract; breach of covenant of good faith; CPLR 231; pass-through agreements By Timothy Broschardt | Managing Editor Plaintiff, a masonry subcontractor, performed services for Defendant, a general contractor as part of a construction contract with New York City. … Continue reading

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