Blog

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New York Franchised Motor Vehicle Dealer Act: When Does a Franchisor Have to Provide a 180-Day Notice of Termination of Dealership Agreement?

by Gary Nissenbaum | May 14, 2013 | Business Formation & Sales Law Blog

Compass Motors, Inc. (“Plaintiff”) was a franchised motor vehicle dealer for Volkswagen Group of America, Inc., (“Defendant”).  As a part of the dealership agreement, Plaintiff agreed to renovate its facilities pursuant to a Facility Renovation Agreement (the...

May Courts Unilaterally Modify the Terms of an Oral Settlement Agreement to Which the Parties Agreed on the Record?

by Gary Nissenbaum | May 14, 2013 | Business Lawsuit Blog

In Highland Capital Corp., v. Donna P. Denier M.D., P.C. et al., No. A-4832-10T4 (N.J. Super.  App. Div. 2013), Donna Denier, M.D. (“Defendant”) entered into a lease with Digirad Corporation (“Lease”) for a piece of equipment named “Cardius 1”. Id. at 2.  Highland...

Is a Loan Discharged When the Lender Releases the Liens on Collateral Prior to the Payoff Checks Clearing?

by Gary Nissenbaum | Apr 29, 2013 | Business Formation & Sales Law Blog, Business Lawsuit Blog

In JPMorgan Chase Bank, N.A., v. Jeffco Cinnaminson Corporation, et. al., No. A-2601-10T3(N.J. Super. Ct. App. Div. March 27, 2012), JP Morgan Chase Bank, N.A.  (“Plaintiff”) sued Jeffco Cinnaminson Corporation (“Jeffco”) and Paul T. Andrews (“Andrews”)...

Are New York Property Owners Entitled to Common Law Indemnification for a Third Party’s Injury by a General Contractor if That General Contractor Did Not Control or Supervise the Worksite?

by Gary Nissenbaum | Apr 29, 2013 | Construction & Commercial Real Estate Law Blog

In McCarthy v. Turner Construction, Inc., 17 N.Y. 3d. 369 (2011), Boston Properties, Inc. and Time Square Tower Associates, LLC (collectively “Property Owners”) leased a retail storefront to Ann Taylor, Inc. (“Ann Taylor”). Subsequently, by agreement...

May a Website That Provides a Link to an Article be Liable for Defamation Based on the Article’s Content?

by Gary Nissenbaum | Apr 23, 2013 | Internet Law Blog

Can you hyperlink yourself into a lawsuit? Do you need to fact check every article you reference in an Internet posting? In In re Philadelphia Newspapers v. Vahan H. Gureghian. 11-3257, 2012 WL 3038578 (3d Cir. July 26, 2012), the Philadelphia Inquirer (“Defendant”)...

Does the Omission of Drink Prices on a NJ Restaurant’s Menu Violate the NJ Truth in Consumer Contract Warranty and Notice Act?

by Gary Nissenbaum | Apr 11, 2013 | Business Lawsuit Blog

Does a restaurant menu constitute a notice or sign pursuant to New Jersey’s Truth in Consumer Contract Warranty and Notice Act (“Act”)? If so, would the omission of prices from a menu violate the Act? In Watkins v. DineEquity Inc., 11-7182 (D.N.J. August 28, 2012),...