Wailian Visa vs New York City Regional Center

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Filing Date:February 09, 2018

Case:WAILIAN OVERSEAS CONSULTING GROUP, LTD. Vs. NEW YORK CITY REGIONAL CENTER LLC

Jurisdiction:Federal District Court for the Western District of New York

Status:Pending

Civil / Criminal:Civil

Cause(s) of Action:

Breach of Contract

Description:

NYCRC contends that, though it received all of the benefits of Wailian’s performance under the parties’ agreements, NYCRC need not payWailian the nearly $9 million it earned under those agreements. NYCRC seeks to escape its payment obligation by relying on a hypertechnical construction of the agreements, asserting that Wailian missed certain deadlines and thus is not entitled to be paid for its work. The law provides otherwise. Wailian’s well-pleaded Complaint alleges facts supporting multiple theories that preclude NYCRC’s arguments, including that the parties modified the dates in writing or by conduct, that Wailian substantially performed, that the dates in question were not material to the bargain, and that NYCRC waived the dates or is otherwise estopped from relying on them. The Complaint indisputably pleads valid claims for breaches of contract and for quantum meruit in the alternative. Because NYCRC merely disputes Wailian’s well-pleaded facts which state valid claims, the Motion should be denied.

Files
May
01
2018

Pl's Memo of law in Opp to MTD 2 9 18

Pl_s_Memo_of_law_in_Opp_to_MTD_2_9_18.pdf
May
01
2018

Complaint - Exhibit A 11 17 17

Complaint_-_Exhibit_A_11_17_17.pdf
May
01
2018

Complaint 11 17 17

Complaint_11_17_17.pdf
May
01
2018

Def's Reply Memo of law in further support of MTD 3 2 18

Def_s_Reply_Memo_of_law_in_further_support_of_M...
May
01
2018

Docket - 17-cv-09004

Docket_-_17-cv-09004.pdf
May
01
2018

Memo of law in support of MTD Complaint 1 5 18

Memo_of_law_in_support_of_MTD_Complaint_1_5_18.pdf
Attorneys, Regional Centers and Firms
Wailian Visa   Kasowitz Benson Torres LLPMarc E. KasowitzDanielle GillDavid  E. RossNew York City Regional Center

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