Braverman Greenspun of counsel William Geller recently secured a decision from the U.S. District Court for the Southern District of New York in favor of his client, USA Staffing, in a breach of contract case. The case involved arrears in charges for contract workers supplied by USA Staffing to an internet company, Rezi, which grew while Rezi was in financial distress. Rezi was negotiating an arrangement to pay the arrears until USA Staffing cut them off and sued.
Judge Schofield accepted Bill’s arguments that the documents showed that USA Staffing was entitled to judgment on its breach of contract and account stated claims. Judge Schofield also examined and rejected the Defendant’s contentions that: (i) discovery was needed, (ii) USA Staffing needed to send notice of termination or default, (iii) the parties’ course of dealing allowed oral objections, (iv) force majeure excused the Defendant’s payment, (v) USA Staffing should have mitigated its damages, and (vi) that the parties’ negotiations involved objections to invoices.
The decision referred the matter to a magistrate judge for “an inquest on damages consistent with the Contract, including Sections 9 and 13,” which include the provisions providing for interest on the outstanding balances and attorneys’ fees.
A copy of the decision can be found here.