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EVIDENCE DID NOT SUPPORT THE FINDING THAT DEFENDANT BREACHED THE CONTRACT TO CREATE A WEBSITE FOR PLAINTIFF, JUDGMENT AFTER A NON-JURY TRIAL REVERSED (SECOND DEPT).

The Second Department, reversing a judgment in favor of plaintiff after a non-jury trial, determined the evidence did not support the finding that defendant breached the contract to develop a website for the plaintiff. The agreement did not require defendant to finish developing the website by a specific date and defendant was working on the website during the period the agreement was in effect:

“The essential elements of a cause of action to recover damages for breach of contract are the existence of a contract, the plaintiff’s performance pursuant to the contract, the defendant’s breach of its contractual obligations, and damages resulting from the breach” … . ” [A] written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms'” … . When a contract does not specify the time for performance, the law will imply a reasonable time … . What constitutes a reasonable time for performance depends upon the facts and circumstances of the case … .

Here, the parties’ agreement provided that the defendant would provide services related to developing and maintaining a website for the plaintiff’s business. The agreement did not mandate that the website be operational by any particular date; only that the defendant would receive an advance if the website was operational by February 14, 2012. The evidence adduced at trial established that the defendant did provide services related to the development of the website. Moreover, the evidence did not establish that the defendant breached the parties’ agreement by failing to provide an active and operational website within a reasonable time. Fernandez v Abatayo, 2019 NY Slip Op 03571, First Dept 5-8-19

 

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