Legal Question in Business Law in New York

Breach of advertising contract

Signed real estate publication's contract for my company's paid advertisement. Publication, a local real estate magazine, was promised in 6 mos. After 8 mos. contacted real estate agent with whom I signed contract, & was promised mag. would be available in 2 mos. My phone calls & his promises went on for over a year AFTER the signing of the contract. I demanded my money back each time explaining that the money could be used in another advertising arena & holding my money prevented advertising, potential customers, loss of income. One year & six mos. later, I received a copy of the publication after making it clear I wanted my money back & had no interest in ad being in publication or a copy of same. May I sue for contract price as breach of contract and what about loss of potential income?

Thank you.


Asked on 5/16/00, 8:44 am

1 Answer from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: Breach of advertising contract

Since the contract was written you should refer to it to see if there is any default provision, or any requirements to terminate it. If you gave proper notice of your intention to terminate, it certainly seems that the publisher was in breach of contract and that you should be entitled to the return of your payment plus pre-judgment interest. I do not believe you will be aqble to recover any incidental damages, and certainly not for loss of potential income.

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Answered on 7/03/00, 10:48 pm


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