Attorney Fletcher Moore recently prevailed at trial and obtained a defense verdict in favor of his client in the Kings County, New York Civil Court. The plaintiff was seeking money damages for breach of a written contract. The defendant refused payment based on the plaintiff’s breach of an implied covenant in the contract.
The trial lasted all day with several witnesses, extensive evidence, and intense cross-examination and redirect. After trial and as a result of the defense verdict entered against the plaintiff, the case was dismissed and the client was relieved from any payment obligation.
The trial was conducted by the Honorable Odessa Kennedy. The court found, “[s]ince each party controverts the other’s testimony as to material facts, their credibility is paramount in the Court’s determination of the matter. The owner’s testimony contained material omissions and inconsistencies.” This contradictory testimony was established over extensive cross-examination by Mr. Moore.
The court also found against the plaintiff because he failed to provide supporting testimony from a material witness. The decision underscores the importance of having all key witnesses available, prepared, and ready to testify at trial.
Mr. Moore handled the trial as a first chair without second chair support. Mr. Moore was asked to handle the trial on behalf of another law firm with only a few days notice.
For more information about the decision, please contact fmoore@moorekuehn.com.