Wailian Visa vs New York City Regional Center
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
Civil / Criminal:Civil
Breach of Contract
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.
Pl's Memo of law in Opp to MTD 2 9 18Pl_s_Memo_of_law_in_Opp_to_MTD_2_9_18.pdf
Complaint - Exhibit A 11 17 17Complaint_-_Exhibit_A_11_17_17.pdf
Complaint 11 17 17Complaint_11_17_17.pdf
Def's Reply Memo of law in further support of MTD 3 2 18Def_s_Reply_Memo_of_law_in_further_support_of_MTD_3_2_18.pdf
Docket - 17-cv-09004Docket_-_17-cv-09004.pdf
Memo of law in support of MTD Complaint 1 5 18Memo_of_law_in_support_of_MTD_Complaint_1_5_18.pdf
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