The Wagoner Firm Gets Lawsuit Dismissed Against its Client

The Wagoner Firm successfully defended another Client against claims for breach of contract that sought a preliminary injunction arising out of a cancelled a contract for the purchase of an investment property. The Firm represented the seller of the property.

The apartment building was occupied by tenants, and the contract allowed either party to terminate it if the tenants remained beyond a certain date.  The Firm’s Client was unable to evict the tenants due to the Covid-19 eviction moratorium and elected to cancel the Contract.  Thereafter, the buyer sued for breach of contract and sought an injunction precluding the building from being sold to a third party.

The Firm’s commercial litigation team is well versed in breach of contract and real estate litigation, and vigorously contested the claims.  It argued that the seller did not breach the contract and that the lawsuit should be dismissed.  Excellent briefs were submitted by the Firm, and oral argument was held by the Court. 

After reading the Firm’s motion and hearing the arguments presented by its commercial litigation team, the Court dismissed the buyer’s claims entirely and absolved the Firm’s Client of all liability. The Court found that the Seller properly terminated the Contract, and the buyer’s claims could not withstand the Firm’s motion to dismiss.  The Court credited the arguments presented by the Firm and relied heavily on its motion papers in drafting the decision and order.  

The Firm is thrilled with the result and is proud to have helped another client obtain a favorable result in a contract dispute.  Our commercial litigation team is experienced contract disputes and has decades of combined experience prosecuting and defending these types of actions.  The Firm loves helping clients through the difficulties and stress of litigation and would be honored to discuss your current or anticipated legal needs.  For more information, please call 518-400-0955 or email info@thewagonerfirm.com.

A link to the decision is below:

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=CYgIf7MvpwaXQy27/M3qDg==