$50,000 Commercial Breach of Contract Claim Dismissed
In this case, we represented a commercial corporation in the defense of a $50,000 breach of contract claim. We won dismissal of this case on procedural grounds. Believe it or not, many cases are won and lost on issues of civil procedure (the rules governing litigation in the courts). A party can win or lose a case in court without ever having the court reach the merits of the lawsuit. In this case, we successfully used the New York Civil Practice Laws & Rules (CPLR) to our advantage. We used CPLR 3216 the "want of prosecution" rule to show that the Plaintiff failed to move the case along after receiving a 90-day demand from our office. Upon such a showing, the court dismissed the case against our client for failure to prosecute.
Practice area(s): Litigation, Civil Litigation