You are here: / / EVIDENCE DID NOT SUPPORT THE FINDING THAT DEFENDANT BREACHED THE CONTRACT...
,

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

 

You might also like
THE JURY NOTE INDICATED THE REQUEST WAS FOR THE TRANSCRIPT OF THE PHONE CALL, BUT THE JUDGE DESCRIBED THE NOTE AS A REQUEST FOR THE PHONE CALL AND PROVIDED THE JURY WITH THE RECORDING OF THE CALL; NEW TRIAL ORDERED (SECOND DEPT).
PLAINTIFFS’ MOTION FOR LEAVE TO REPLEAD WITH AN AMENDED COMPLAINT ALLEGING DEFENDANTS’ PLANTING AND WATERING ON DEFENDANTS’ SIDE OF PLAINTIFFS’ RETAINING WALL CONSTITUTED NEGLIGENCE, TRESPASS AND A PRIVATE NUISANCE SHOULD HAVE BEEN GRANTED (SECOND DEPT
Criteria for Contractual Indemnification Explained
Issuance of a Positive Declaration that the Requested Rezoning May Have a Significant Impact on the Environment and the Requirement that a Draft Environmental Impact Statement Be Drawn Up, Under the Facts, Did Not Constitute an “Injury” Sufficient to Make the Matter Ripe for Court Review—All the Relevant Factors Discussed in Depth
PURSUANT TO THE BUSINESS JUDGMENT RULE, INDIVIDUAL CONDOMINIUM BOARD MEMBERS MAY BE LIABLE FOR UNEQUAL TREATMENT OF SHAREHOLDERS IN THE ASSESSMENT OF COMMON CHARGES (SECOND DEPT). ​
THE BUSINESS RECORDS UPON WHICH THE CALCULATIONS IN THE REFEREE’S REPORT WERE BASED WERE NOT SUBMITTED; THE REPORT SHOULD NOT HAVE BEEN CONFIRMED (SECOND DEPT).
FIRE DISTRICT DID NOT HAVE STANDING TO CONTEST A SEQRA NEGATIVE DECLARATION FOR A RESIDENTIAL DEVELOPMENT, THE FIRE DISTRICT RAISED AN ECONOMIC CONCERN ABOUT INCREASED SERVICE CALLS, NOT AN ENVIRONMENTAL CONCERN (SECOND DEPT).
Restrictive Covenant Was Part of a Common Development Scheme and Was Enforceable by All Property Owners In the Subdivision

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

BROWN PAPER ON TOP OF GREEN DUST ALLEGEDLY CONSTITUTED A SLIPPERY CONDITION... SURVIVING PLAINTIFF IN THIS MEDICAL MALPRACTICE ACTION DID NOT TIMELY MOVE TO...