YATTER v. WILLIAM MORRIS AGENCY, INC.


256 A.D.2d 260 (1998)

682 N.Y.S.2d 198

RONALD YATTER, Appellant, v. WILLIAM MORRIS AGENCY, INC., Respondent.

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

Decided December 29, 1998.


As to plaintiff's first cause of action for breach of contract, we find that plaintiff's allegations are sufficient to withstand defendant's motion to dismiss pursuant to CPLR 3211 (a) (1) and (7). The nature of the breach, at least with respect to the shareholders' agreement, was adequately pleaded, given the allegations in the complaint together with plaintiff's affidavit and the contract itself, which was attached to the pleadings (see, e.g., Merrill Lynch, Pierce,...

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