Mehmet v. Add2Net a/k/a Lunarpages.com
Mehmet v. Add2Net a/k/a Lunarpages.com (Breach of Contract)
This lawsuit is on appeal in the Appellate Division 1st Department (New York)
The lawsuit involves a breach of contract where Lunarpages.com WAIVED a breach in payment and then before the payment could be mailed out, Lunarpages.com terminated a hosting account and maliciously deleted source code and database files causing over $70,000.00 in damages.
Judge Shirley Korneich of the New York Supreme Court dismissed the complaint by claiming that the Defendant never waived the payment breach. However, the judge overlooked controling law that states if the Defendant gave the breaching individual an opportunity to continue performing the contract, the waiver is implied by law. Furthermore, the judge failed to address the issue of whether a five day mailing period was a reasonable time to recieve the payment. If the five day mailing period was a reasonable time to receive the payment then the judge should have held Lunarpages.com in breach.
I have filed an appeal with the Appellate Division 1st Department in New York. It has been placed on the calendar and it will be heard in the September 2009 term. I am expecting a favorable outcome, which is a reversal and remand.