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.
More Member News
KeyBank, Lower Hudson Valley SBDC and U.S. Small Business Administration celebrate successful completion of Key4Entrepreneurs℠ Business Accelerator KeyBank, the Lower Hudson Valley Small Business Development Center (SBDC) and the U.S. Small Business Administration (SBA) celebrated the successful completion of the inaugural Key4Entrepreneurs℠ Business Accelerator Program, a 10-week initiative that provided 53 small business owners with […]
Join EisnerAmper for an insightful webinar designed to demystify the world of nonprofit investment vehicles. Whether you’re a nonprofit leader, investment officer, or board member, this session will equip you with practical strategies to maximize charitable impact while avoiding missteps that could jeopardize tax-exempt status. Learn how these structures generate the capital to execute on […]
Are the traditional Google “blue links” dead? Over the past 20 years, businesses relied on Search Engine Optimization (SEO) to get found. Today, customers are asking questions directly to AI tools like ChatGPT, Google Gemini, Claude, and Perplexity. If your business isn’t optimizing for AI, you are going to become invisible. In this exclusive interview, […]
Become A Member
Join the county’s largest and most influential business organization today.
JOIN NOW!
Leave a Comment
You must be logged in to post a comment.