Legal Question in Civil Litigation in New York

Pro Se Litigant Needs Advice - Can I get punitive damages in contract via fraud

I am a pro se litigant in a contract dispute. I am the plaintiff. The paperwork defendant and myself signed indicated that ''we agreed to agree'' on finalizing the details of an impending partnership. I tendered $45,000 and received nothing. After defendant had my money, he refused to sign any documents and consumate the partnership.

My question is this: AS A MATTER OF LAW : Am I able to seek damages above the $45,000 I tendered? I know in contract law, that courts like to just put the parties whole. However, I have been defrauded, and I believe I have suffered immeasurable harm. I want interest, plus any court filing fees... PLUS any benefit that the defendant derived from taking my money and improving the business (he expanded the restauraunt to 2x its original size) and selling the business at a higher price. The business just sold and the court has 100k in an escrow account.

Do I need to amend my complaint so that I may recover damages in tort as well as in contract? Or is it a lost cause, and all I can hope to recover is my original 45k?


Asked on 11/29/03, 11:29 am

3 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Pro Se Litigant Needs Advice - Can I get punitive damages in contract via fr

This is an interesting case.

I assume the contract was for an ownership interest in the restaurant? If so, then by taking your money the defendant agreed to the contract. If the preliminary documents indicate how large an interest, then you are in good shape on this point! You then receive the 'benefits of the contract'. In this case, you get a share of the sale of the contract.

This is a simple analysis and is a likely decision of a court. The legal theory is 'estoppel'. There are other issues to consider, and I would be happy to discuss them with you.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 12/01/03, 5:31 pm
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Pro Se Litigant Needs Advice - Can I get punitive damages in contract via fr

I disagree with my colleague who posted an earlier response to your question. While he is correct on the issue of punitive (or punishment) damages, there is still an opportunity for you to recover lost profits if the $45,000 that you provided was used by the defendant to expand the restaurant and reap a profit. By accepting your funds, the defendant tacitly agreed to certain provisions of a partnership. Only a complete review of your documents and the history of your circumstances could determine what terms the law will impose upon the defendant. Our firm is available for this type of review as well as for the presentation of evidence in court (please see our website). You may call our office to arrange for an appointment.

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Answered on 11/30/03, 2:25 pm
Michael Paradise Law Offices of Michael S. Paradise

Re: Pro Se Litigant Needs Advice - Can I get punitive damages in contract via fr

Rarely will a court award punitive damages in contract cases. You have not stated the facts fully enough to warrant an answer.

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Answered on 11/29/03, 11:37 am


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