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 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:
- To Compete or Not to Compete: The Definitive Insider's Guide to Non-Compete Agreements Under New York Law
- When Schools Fail to Protect Our Kids
- When You Don't Have a Written Agreement
- Why Most Accident Victims Do Not Recover the Full Value of Their Claim
- Why Are There So Few Successful Defective Products Lawsuits?
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When You Aren't Paid for the Work You've Done in New YorkSometimes, when your aren't paid for the goods provided or the services rendered, the right move is to cut your losses and move on
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When Cases Degenerate to Throw at the Wall & See What'll StickHaving just concluded a breach of contract trial on Long Island, I was struck by how my adversary reduced his argument to a shotgun approach
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Constructive Fraud: How to Recover Money When They Cut & RunA 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
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How Liquidated Damages Clauses Apply in the Noncompete RealmThere is an increasing trend towards liquidated damages clauses in employment agreements. But are they enforceable in New York? Jonathan Cooper explains
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Oral Contracts for Real Estate Can Be Enforceable - SometimesTrue, 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
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Why Playing "Gotcha" on Stupid Details is a Terrible IdeaTrying to play "gotcha" with your adversary in litigation over every small detail is an awful idea, explains NY commercial litigation lawyer Jonathan Cooper
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No Closing, No Broker's Fee, Says Manhattan CourtWhen 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.
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Why Real Estate Developer Can Recover Reliance Damages in NYWhere a developer of land breaches a real estate development contract and doesn't close, the seller can recover his reliance damages, explains Jonathan Cooper
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How Exaggerating a Mechanic's Lien Can Come Back to Bite YouA 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
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Email Alone Can Qualify as a Contract, Says NY Appeals CourtRecognizing 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
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In a NY 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
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NY Property Seller's Damages When the Buyer Backs OutIf 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