Photo: J. Albert Diaz/ALMGreenspoon Marder Must Face Storage Company's Unpaid-Bills Suit
A New York City document storage vendor claims Greenspoon Marder stopped paying its bills in 2018.
January 13, 2020 at 04:37 PM
2 minute read
Am Law 200 firm Greenspoon Marder's bid to escape a $520,000 suit brought by a document storage company that claimed it wasn't paying its bills fell short last week, with a Manhattan judge calling the law firm's argument that it had no contract with the vendor "unavailing."
Justice Andrew Borrok said it was clear that Cityside Archives had stated a claim for breach of contract in its complaint. Even though Jacob, Medinger & Finnegan, a New York firm acquired by Greenspoon in 2016, had its name on the contract with Cityside, Greenspoon Marder continued to send documents to and from Cityside's storage spaces after the acquisition and, until 2018, made payments on Cityside's invoices, the complaint alleges.
"It is beyond cavil that these allegations support the inference that there was a meeting of the minds and assent to the contract," the judge wrote. "The motion to dismiss the breach of contract claim therefore fails."
The rest of the claims—for unjust enrichment, promissory estoppel, implied breach of the covenant of good faith and fair dealing and declaratory judgment—were thrown out, with the judge noting that several of them were duplicative of the contract claim. Such claims are commonly pleaded in commercial disputes as a fail-safe, in case the contract claim is dismissed.
The suit sought around $471,000 when it was filed in May. That figure rose to $520,000 in a preliminary conference order filed last week, which specified that the parties expect discovery to be complete in about five months, by June 15.
David Gorvitz, a shareholder at Orloff, Lowenbach, Stifelman & Siegel who represents Cityside Archives, could not immediately comment. A media representative for Greenspoon Marder didn't respond to a request for comment on Monday.
|Read More
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
'So Many Firms' Have Yet to Announce Associate Bonuses, Underlining Big Law's Uneven Approach
5 minute read
Government Attorneys Are Flooding the Job Market, But Is There Room in Big Law?
4 minute read
T14 Sees Black, Hispanic Law Student Representation Decline Following End of Affirmative Action
Law Firms Mentioned
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
