Business Law · Guide

Breach of Contract

When a party fails to honor a binding agreement, it can cost money, disrupt operations, and strain valuable relationships. We review the agreement, the breach, and your remedies methodically under New York law.

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Whether you are enforcing an agreement or defending a claim, the outcome starts with what the contract actually says.

What counts as a breach in New York

A breach occurs when a party does not meet its obligations under a valid, enforceable agreement. To win a breach of contract claim, you must establish four elements:

  1. A valid, enforceable contract
  2. Your own performance, or a legitimate excuse for not performing
  3. A breach by the other party
  4. Damages caused by that breach

Types of breach

Minor breach

A partial shortfall that does not defeat the agreement's essential purpose. Remedies may be limited, and termination is usually not available.

Material breach

A serious violation that undermines the contract's core purpose. It may excuse your further performance and allow full contractual damages.

Anticipatory breach

The other party signals, by words or conduct, that it will not perform. You may seek relief right away but must mitigate your losses.

Good faith and fair dealing

Every contract governed by New York law includes an implied duty of good faith and fair dealing. A party can be liable even when its conduct matches the written terms, if that conduct defeats the purpose of the agreement or denies the other side the benefits it reasonably expected.

These claims often arise in commercial relationships, long-term agreements, financing arrangements, and real estate transactions.

How we help

We represent both plaintiffs and defendants in disputes involving:

  • Business and commercial agreements
  • Real estate purchase, sale, and leasing contracts
  • Employment and independent contractor arrangements
  • Professional services and consulting agreements
  • Loan agreements, promissory notes, and financial instruments
  • Partnership, shareholder, and operating agreements

Our work includes pre-litigation evaluation, demand letters, negotiation, mediation, arbitration, and litigation in New York courts. We aim for an efficient resolution while preparing every matter as if it will go to court.

Available remedies

The goal is to put you in the position you would have been in if the agreement had been performed.

Compensatory damages

Your direct financial losses from the breach.

Consequential damages

Reasonably foreseeable secondary losses, where recoverable.

Liquidated damages

An amount the parties agreed to in advance, if enforceable under New York law.

Equitable relief

Specific performance, an injunction, or rescission when money alone is not enough.

Facing a breach, or accused of one?

Deadlines matter. Call 718-500-1093 or book a free consultation to assess your position.

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