Skip to Content
Author: The BCW

Leave a Comment

Yankwitt LLP Prevails on Two Sequential Motions in Breach of Contract Case

The Yankwitt LLP team prevailed on behalf of a Fortune 500 company on a motion to strike and subsequent motion for reconsideration in a construction dispute before the Southern District of New York.

Yankwitt LLP moved to strike allegations in the plaintiff’s amended complaint concerning settlement discussions, which the parties had agreed were protected from use in the litigation. While the other side disputed both the interpretation of the contract and Yankwitt LLP’s argument that the allegations fell within the parties’ agreement, Judge Philip M. Halpern agreed with Yankwitt LLP and granted the motion to strike in its entirety. To implement that decision, Judge Halpern ordered the plaintiff to file a new, amended complaint in which those allegations did not appear.

Following the court’s decision, the plaintiff filed a motion for reconsideration, challenging the court’s ruling on the motion to strike. Yankwitt LLP opposed that motion, arguing that Judge Halpern’s decision was well-founded and that the other side did not meet the standard for reconsideration. The firm prevailed on this motion, as well, as Judge Halpern once again agreed with Yankwitt LLP and denied the plaintiff’s motion for reconsideration.

By pursuing the motion to strike, Yankwitt held its counterparty to its contractual word and narrowed the issues in the litigation, which is presently in discovery.

Read more news on the firm website.

Similar Member News Items

Join 914INC. for the Business of Cannabis panel discussion, featuring top experts in Westchester County. This fast-growing industry is thriving in our community—discover its impact at our exclusive luncheon and panel event. Business of Cannabis Luncheon

Read Article

Ronald McDonald House of the Greater Hudson Valley (RMHGHV) recently surpassed a decade of partnering with Synexis, an industry leader in touchless and continuous microbial reduction of occupied spaces. RMHGHV took the initiative back in 2017 to ensure a healthy indoor environment for their 12 bedroom House which is just steps away from the Maria […]

Read Article

Hi! New member here. When I’m not shooting food and drinks, I moonlight as rock drummer! My new band has a brunch gig this Sunday 12-5pm at a great new foodie and musician-friendly venue called Music & Industry in South Norwalk, CT. Please join and say hello if you can make it! https://www.facebook.com/share/156X8V3mne

Read Article

Become A Member

Join the county’s largest and most influential business organization today.

JOIN NOW!
The Business Council of Westchester is committed to helping businesses market, learn, advocate, and grow. Over 80 events and programs are offered every year, giving our members ample opportunity to connect and meet with businesses representatives in the Westchester community and beyond.
Back to top