Date: 09-13-2023

Case Style:

Edward Pollner, et al. v. Tri-State Tournaments, LLC

Case Number: 2:22-cv-05623

Judge: Gary R. Brown

Court: United States District Court for the Eastern District of New York (Nassau County)

Plaintiff's Attorney: Kodey Haddox and Priya Chadha

Defendant's Attorney: Robert Sesti

Description: Central Islip, New York commercial litigation lawyers represented the Plaintiffs who sued the Defendant on a breach of contract theory claiming $200,000 as a direct result of the breach.

"In New York, a breach of contract occurs when one party to a contract fails to fulfill their obligations under the contract. There are four elements that must be established in order to prove a breach of contract in New York:

The existence of a valid contract.
The breach of the contract by the other party.
The non-breaching party's performance of their obligations under the contract.
Damages suffered by the non-breaching party as a result of the breach.

The first element, the existence of a valid contract, requires that the parties to the contract have reached an agreement that is legally binding. This means that the agreement must be made between two or more parties, must be supported by consideration, and must be in writing if it is for the sale of goods worth more than $500.

The second element, the breach of the contract by the other party, requires that the other party has failed to perform their obligations under the contract. This can happen in a variety of ways, such as by failing to deliver goods or services, failing to pay money, or failing to meet a deadline.

The third element, the non-breaching party's performance of their obligations under the contract, requires that the non-breaching party has fulfilled their obligations under the contract. This means that the non-breaching party has done everything that they were required to do under the contract.

The fourth element, damages suffered by the non-breaching party as a result of the breach, requires that the non-breaching party has suffered some type of loss as a result of the breach. This loss can be financial, such as lost profits, or it can be non-financial, such as emotional distress.

If all four elements of a breach of contract are established, the non-breaching party may be entitled to recover damages from the breaching party. The amount of damages that the non-breaching party can recover will depend on the specific facts of the case.

If you believe that you have been the victim of a breach of contract, you should contact an attorney to discuss your legal rights and options.

Here are some of the remedies that may be available to a party who has suffered a breach of contract in New York:

Damages: The non-breaching party may be able to recover damages from the breaching party for the losses that they have suffered as a result of the breach. Damages can be either compensatory, which are intended to put the non-breaching party in the same position they would have been in if the contract had been performed, or punitive, which are intended to punish the breaching party for their misconduct.
Specific performance: In some cases, the non-breaching party may be able to obtain specific performance, which is an order from the court requiring the breaching party to perform their obligations under the contract. Specific performance is typically only available in cases where the goods or services that are the subject of the contract are unique or cannot be easily replaced.
Restitution: The non-breaching party may be able to recover restitution from the breaching party for any benefits that the breaching party has received as a result of the breach. Restitution is intended to put the non-breaching party in the same position they would have been in if the contract had never been made.
Injunction: In some cases, the non-breaching party may be able to obtain an injunction from the court prohibiting the breaching party from continuing to breach the contract. An injunction is a court order that requires the breaching party to do something or to refrain from doing something.

The specific remedy that is available to a party who has suffered a breach of contract will depend on the specific facts of the case. It is important to speak with an attorney to discuss your legal rights and options."

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Outcome: 09/13/2023 34 ORDER DISMISSING CASE: The Clerk of the Court is directed to close this case - Case closed. So Ordered by Judge Gary R. Brown on 9/13/2023. (JC) (Entered: 09/13/2023)

Plaintiff's Experts:

Defendant's Experts:

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