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Legal Memorandum: Breach of Contract Claim in NY

Issue: Under New York law, what are the elements of a breach of contract claim?

Area of Law: Business Organizations & Contracts
Keywords: Breach of contract claim; Elements
Jurisdiction: New York
Cited Cases: 862 N.Y.S.2d 807; 886 N.Y.S.2d 70; 108 F.3d 1369
Cited Statutes: None
Date: 08/01/2010

Century-Maxim Constr. Corp. v. One Bryant Park LLP, 886 N.Y.S.2d 70 (N.Y. Sup. Ct. Westchester County 2009) (unpublished) (“The elements of a claim for breach of contract are (1) the existence of a contract, (2) due performance of the contract by plaintiff, (3) breach of the contract by defendant, and (4) damages resulting from the breach.”) (citing Coastal Aviation, Inc. v Commander Aircraft Co., 937 F. Supp. 1051, 1060 (S.D.N.Y. 1996), aff’d 108 F.3d 1369 (2d Cir 1997)).

Korangy Publishing, Inc. v. Miceli, 881 N.Y.S.2d 364 (N.Y. Sup. Ct. N.Y. County 2009) (unpublished) (“The proponent of a breach of contract claim must plead the existence and terms of a valid, binding contract, its breach, and resulting damages.”).

Cirri v. Daily News, LP, 862 N.Y.S.2d 807 (N.Y. Sup. Ct. Kings County 2005) (unpublished) (“Plaintiffs’ complaint names the plaintiffs, alleges that plaintiffs were owners of defendant’s franchises pursuant to contract between defendant and its franchise dealers, and sets forth the terms of those contracts. Plaintiffs’ complaint has thus been pleaded with sufficient particularity, pursuant to CPLR 3013, to adequately advise and apprise defendant of plaintiffs’ claim against it, and embraces all of the relevant substantive elements of a breach of contract cause of action.”).

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