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MESSNER VETERE v. AEGIS GROUP

93 N.Y.2d 229 (1999)

711 N.E.2d 953

689 N.Y.S.2d 674

MESSNER VETERE BERGER MCNAMEE SCHMETTERER EURO RSCG INC., Appellant, v. AEGIS GROUP PLC, Respondent.

Court of Appeals of the State of New York.

Decided March 25, 1999.

Attorney(s) appearing for the Case

Winston & Strawn, New York City (Alan B. Howard, Daniel R. Murdock and Jeremy F. Manning of counsel), for appellant.

Bressler, Amery & Ross, P. C., New York City (David H. Pikus of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

SMITH, J.

This case presents us with two certified questions from the United States Court of Appeals for the Second Circuit regarding the adequacy at the pleading stage of a claim invoking the part performance exception to the Statute of Frauds.

Plaintiff, Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc., commenced an action in Federal District Court against defendant, Aegis Group plc, seeking a declaratory judgment and...

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