Legal Question in Business Law in New York

Re: Consent to assign an agreement to a new company

Reasonability is a question of fact...left for a jury or judge to decide.

Good Luck

RRG

Re: Consent to assign an agreement to a new company

Assuming evidence exists concerning the fact pattern given, company A has a cause of action against company C for breach of contract. In other words, company C breached its contract with company A since it unreasonably withheld consent. See, Giordano v. Miller, 288 A.D.2d 181, 733 N.Y.S.2d 94 (2nd Dep't. 2001).

Damages would be loss of profit to company A from the sale to company C.

Mike.

Re: Consent to assign an agreement to a new company

You have heard from two attorneys. Really, you know that you need some assistance from an attorney, first to try to force Company C to do the right thing, and then to sue Company C if needed.

Get a lawyer who advises businesses, and who also litigates in court. You need someone who can not just make a demand for you, but who also has the ability to fight for you in court to back up those demands.

Re: Consent to assign an agreement to a new company

You may have a cause of action against Company C, but the first thing you would need to know is what if any reasons Company C is giving for withholding consent. With that information you should speak with a business attorney to determine if bringing a legal action is appropriate. Please feel free to contact my office if we may be of any assistance in this matter.