The court properly declined to dismiss plaintiff Segal's breach of contract claim. It is true that "[a] contract cannot be implied in fact ... where there is an express contract covering the subject-matter involved" (Miller v Schloss, 218 N.Y. 400, 406-407 [1916] [emphasis ommitted]). However, the Operating Agreement of Lighthouse Retail Partners L.L.C., which later became plaintiff Lighthouse Real Estate Advisors, LLC (LREA), and the contract alleged in the amended...
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