LUCAS v. SWERDLOW


172 A.D.2d 223 (1991)

Michael S. Lucas, Appellant, v. Michael Swerdlow, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 9, 1991


Plaintiff sued defendant on theories of account stated and breach of contract, based upon a one-page handwritten agreement purporting to obligate defendant to pay plaintiff $600,000, plus a two percent interest, in the "Worldgate Partnership". The agreement contained a clause providing: "Documentation of the above to be completed by 23rd October if at all possible."

The submissions on plaintiff's motion for summary judgment...

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