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CHIRRA v. BOMMAREDDY

22 A.D.3d 223 (2005)

802 N.Y.S.2d 118

SURENDRANATH REDDY CHIRRA et al., Appellants, v. RAMAMOHAN BOMMAREDDY, Respondent. (Action No. 1.) RAMAMOHAN BOMMAREDDY et al., Respondents, v. SURENDRANATH REDDY CHIRRA et al., Appellants. (Action No. 2.) RAMAMOHAN BOMMAREDDY et al., Plaintiffs, v. MOHAN TALAMATI et al., Defendants. (Action No. 3.)

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

October 4, 2005.

This is a contract action involving ownership of three pharmacies. The oral agreements on which the claims are based were not unenforceable, as a matter of law, on grounds of illegality. "[T]he violation of a statute that is merely malum prohibitum will not necessarily render a contract illegal and unenforceable" (see Benjamin v Koeppel, 85 N.Y.2d 549, 553 [1995]). This is particularly true where there are issues as to whether...

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