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

Status:Pending

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.