KAMINSKY v. FSP INCORPORATED


5 A.D.3d 251 (2004)

773 N.Y.S.2d 292

GERALD P. KAMINSKY et al., Respondents-Appellants, v. FSP INCORPORATED et al., Appellants-Respondents.

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

March 18, 2004.


The denial of defendants' motion with respect to plaintiffs' cause of action for breach of contract was correct since the verified complaint, particularly as amplified by plaintiff Gary Kaminsky's affidavit and the pertinent language of the subject partnership agreement, discloses that plaintiffs have a valid claim for breach of contract, and the documentary evidence proffered by defendants failed to establish conclusively that plaintiffs...

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