Partner John J. Thompson Wins Dismissal with Prejudice of Telecom Company’s Breach of Contract Case
On May 5, 2020, the Honorable Kathryn E. Freed, Justice of the Supreme Court of New York, New York County, dismissed the case of Manhattan Telecommunications Corp. (MetTel) against defendant Kraft Power Corp (KPC).
MetTel’s lawsuit, filed in April 2019, alleged a failure to pay for months of services, in breach of a 2012 contract with Kraft. Judge Freed dismissed the lawsuit with prejudice based on documentary evidence. The Court found that Kraft had duly terminated the contract before the charges had accrued, and that the Statute of Frauds and a contractual merger clause contradicted MetTel’s theory of the case. Judge Freed concluded that Defendant’s “persuasive” arguments and supporting documents merited a rare, early-action dismissal.