Summary
This Appellate Division, Second Department decision reverses the trial court's denial of the plaintiff's motion for summary judgment in a breach of contract action. The court found that the plaintiff met his prima facie burden by submitting a written consulting agreement, evidence of performance, and documentation of the defendant's non-payment. Although the defendant's termination letter lacked the required sixty-day notice, the court treated it as effective upon the proper contractual date, awarding the plaintiff $15,000 in compensatory damages. The defendant failed to raise any triable issues of fact regarding contract formation, authority, definiteness, or damages.
Topics
Practice areas
Questions Presented
- Whether the plaintiff is entitled to summary judgment on his breach of contract claim.
Holdings
- The appellate division reversed the trial court and granted summary judgment for the plaintiff because no genuine issue of material fact existed as to the existence of a contract, the plaintiff’s performance, the defendant’s breach, and the resulting damages.
Key quotations
“"[T]o recover damages for breach of contract, a plaintiff must demonstrate 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"” (at 04565)
“"Where a contract provides for termination upon notice, and a termination notice is sent prematurely, the contract will be deemed to be terminated as of the first proper termination date under its provisions"” (at 04565)
Factual background
The plaintiff and defendant entered into a written consulting agreement on July 19, 2019. The plaintiff performed services under the agreement. The defendant stopped making monthly payments and later sent a defective termination notice on September 6, 2019.
Procedural history
The plaintiff sued for breach of contract after the defendant failed to pay under a written consulting agreement. The trial court denied the plaintiff's motion for summary judgment. The plaintiff appealed.